IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Bail Appl..No. 321 of 2008() ---------------------------- CRIME NO.22/08 OF KASARAGOD POLICE STATION PETITIONERS/ACCUSED: ------------------------------------- 1. MOHAMMED RASHEED, AGED 26 YEARS, S/O. MAHAMOOD K.A., KAM HOUSE, NELLIKKUNNU, ADKATHBAIL VILLAGE, KASARAGOD DISTRICT. 2. ZUHARABI, AGED 49 YEARS, W/O. MAHAMOOD K.A., KAM HOUSE, NELLIKKUNNU, ADKATHBAIL VILLAGE, KASARAGOD DISTRICT. 3. MAHAMOOD K.A., AGED 62 YEARS, S/O. ABDUL RAHIMAN, KAM HOUSE, NELLIKKUNNU, ADKATHBAIL VILLAGE, KASARAGOD DISTRICT. 4. SAFOORA, AGED 32 YEARS, W/O. HASSAINAR, BALADKAM HOUSE, P.O. CHENGLA, CHERKARA, KASARAGOD DISTRICT. 5. ACHIBI, AGED 65 YEARS, KHABANA HOUSE, BANGARAKUNNU, NELLIKUNNU, KASARAGOD DISTRICT. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. SRI.VINEETH KURIAKOSE RESPONDENTS: COMPLAINANT: ------------------------- THE SUB INSPECTOR OF POLICE, KASARAGOD, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 321 OF 2008 ------------------------------------------------- Dated this the 21st day of January, 2008 ORDER Application for anticipatory bail. The petitioners are the husband of the de facto complainant and his relatives. The allegations include the allegation that the child aged about 1 year under the custody of the de facto complainant was forcibly removed and she is not allowed to have the company of the child. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned Public Prosecutor submits that the allegations itself reveal cruelty. The young child has been kept away from his mother, it is submitted. The learned counsel for the petitioners submits that the 1st petitioner is willing to give back the child to the mother of the child if the mother of the child so requires. It is the case of the petitioners B.A. No. 321 OF 2008 -: 2 :- that the child was left with its father and the mother had gone away. I am satisfied that interim directions can be issued. 3. The learned Public Prosecutor undertakes that the petitioners shall not be arrested till the next date of posting. The 1st petitioner agrees to hand over the child to the mother of the child if the mother of the child so requires. The petitioners shall appear before the Investigating Officer at 11 a.m. on 25/1/08. The Investigating Officer shall direct the mother of the child also to be present at the Police Station on that day. Attempts shall be made to work out settlement between the parties. If the de facto complainant insists on return of the child to her custody, the same shall also be done as offered by the 1st petitioner. The de facto complainant shall be informed by the Investigating Officer that she shall be heard by this Court if she desires on the next day. 4. Call again on 29/1/2008 for further directions. 5. Hand over a copy of this order to the learned Public Prosecutor. (R. BASANT, JUDGE) Nan/ B.A. No. 321 OF 2008 -: 3 :-