IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Bail Appl..No. 1122 of 2008() ----------------------------- CRIME 102/07 OF CHEEMENI POLICE STATION PETITIONERS/1 TO 3 ACCUSED ------------------------------------------- 1. SREENIVASAN, AGED 32 YEARS, S/O. GOVIND RAJAN, 8T/2 N.G.O. COLONY, SENGAL ANAI ROAD, PUTHUMARIAMMAN KOYIL, PONNAMAPET, SALEM-1. 2. BANUPRIYA @ BANUMATHI, AGED 23 YEARS, S/O. GOVIND RAJAN, 8T/2 N.G.O. COLONY, SENGAL ANAI ROAD, PUTHUMARIAMMAN KOYIL, PONNAMAPET, SALEM-1. 3. GANTHAMANI, AGED 50 YEARS, W/O. GOVIND RAJAN, 8T/2 NGO COLONY, SENGAL ANAI ROAD, PUTHUMARIAMMAN KOYIL, PONNAMAPET, SALEM-1. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHEEMENI POLICE STATION, KASARGODE DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1122 OF 2008 E ```````````````````````````````````````````````````` Dated this the 25th day of February, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.1 to 3. They are the husband of the de facto complainant and his relatives. The marriage between the spouses took place on 29.4.07. The allegation of matrimonial cruelty of the culpable variety punishable under section 498A IPC are raised in the private complaint filed before the learned Magistrate which has been referred to the police under section 156(3) Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are innocent. There is some strain in the matrimony and that is prompting the de facto complainant to make reckless, exaggerated and fanciful allegations against the petitioners. The petitioners may be granted anticipatory BA.1122/08 : 2 : bail to save them from the trauma of undeserved arrest and detention, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor concedes that the victim has suffered no external injury corresponding to the allegation of physical cruelty raised. I am satisfied, in the facts and circumstances of this case, that the petitioners can be granted anticipatory bail. In the absence of the opposition by the learned Public Prosecutor, I am not adverting to the facts in any greater detail in this order. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 3.3.2008. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five thousand only) each with two solvent sureties each for the like sum to BA.1122/08 : 3 : 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 4.3.08 and 5.3.08. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter, they shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month. Subsequently, the petitioners shall so appear 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 they were arrested prior to 3.308, they shall be released from custody on their executing a bond for BA.1122/08 : 4 : Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 3.3.2008. (R.BASANT, JUDGE) aks