IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1710 of 2008() ----------------------------- CRIME NO.34/08 OF KORATTY POLICE STATION PETITIONERS: ACCUSED NOS. 1 TO 4: ------------------------------------- 1. ROOPAK, S/O.VASU, MANAKKAPARAMBU, KATHIKUDAM DESOM, KORATTY, CHALAKUDY. 2. VASU, MANAKKAPARAMBU, KATHIKUDAM DESOM, KORATTY, CHALAKUDY. 3. RADHA, W/O.VASU, MANAKKAPARAMBU, KATHIKUDAM DESOM, KORATTY, CHALAKUDY. 4. NISHAK, S/O.VASU, MANAKKAPARAMBU, KATHIKUDAM DESOM, KORATTY, CHALAKUDY. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1710 of 2008 ------------------------------------------------- Dated this the 18th day of March, 2008 ORDER Application for anticipatory bail. The petitioners are the husband of the de facto complainant and his relatives. The marriage between the spouses took place on 23/4/06. One child has been born in the wed-lock on 10/1/07. There has been some estrangement between the spouses after the birth of the child. The crime has been registered alleging commission of offences punishable, inter alia, under Sec.498A of the IPC. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred to the police by the learned Magistrate under Sec.156 (3) of the Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that B.A. No. 1710 of 2008 -: 2 :- the petitioners are absolutely innocent. Because of the strain in the matrimony, vexatious and fanciful allegations are being raised. The petitioners may be saved of the trauma of undeserved arrest and detention. Such arrest and detention would result in the impossibility of resumption of harmonious relationship in marriage. 3. The learned Public Prosecutor does not oppose the application and I am satisfied, in the facts and circumstances of this case, that anticipatory bail can be granted to the petitioners. Appropriate conditions can, of course, be imposed in the interests of a fair, efficient and expeditious investigation. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 25/3/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 26/3/08n and 27/3/08. Thereafter the petitioners shall appear before the Investigating Officer on all Mondays B.A. No. 1710 of 2008 -: 3 :- and Fridays between 10 a.m. and 12 noon for a period of two months. Subsequently, they shall so make themselves available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law as if these directions were not issued at all; (iv) If the petitioners were arrested prior to their surrender on 25/3/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 25/3/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 1710 of 2008 -: 4 :-