IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Bail Appl..No. 1286 of 2008() ----------------------------- CRIME NO.71/08 OF ARECODE POLICE STATION PETITIONERS: ----------------- 1. MUHAMMED SHAMEER. V.P. S/O.ABDUL RAZAK, KOLAKKATTIL HOUSE VALILLAPUZHA P.O., ARECODE VIA MALAPPURAM DISTRICT. 2. FATHIMA T.,W/O.ABDUL RAZAK KOLAKKATTIL HOUSE, VALILLAPUZHA P.O., ARECODE VIA, MALAPPURAM DISTRICT. BY ADV. SRI.JOSEPH SEBASTIAN PURAYIDAM RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE ARECODE POLICE STATION, KOZHIKODE DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1286 of 2008 ---------------------------------------- Dated this the 3rd day of March 2008 O R D E R Application for anticipatory bail. Petitioners are the husband of the de facto complainant and her mother-in-law. Marriage took place in 2003. Spouses are blessed with one child aged about 3 years. Crime has been registered on the basis of a complaint submitted before the police by the de facto complainant. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that because of the strain in the matrimony, false and vexatious allegations are being raised against the petitioners. The petitioners do not deserve to endure the trauma of arrest and detention. The petitioners may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor submits that in the complaint filed before the police, the main request is that the husband of the de facto complainant may be weaned away from another lady with whom he is having relationship. No external injury whatsoever was found on the person of the de facto complainant. B.A.No.1286/08 2 4. The learned Public Prosecutor, in these circumstances, does not oppose the application for anticipatory bail. Appropriate conditions may be imposed, it is prayed. Having considered all the relevant inputs, I am satisfied that anticipatory bail can be granted to the petitioners. In coming to this conclusion, I take note of the totality of the circumstances. I take note of the reality that arrest and detention of the petitioners is likely to mar the matrimonial tie beyond repair. Subject to appropriate conditions, anticipatory bail can be granted, I am satisfied. 5. 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 10/03/2008. 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 the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m B.A.No.1286/08 3 and 3 p.m on 11/03/2008 and 12/03/2008. 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 the petitioners shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months. 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 10/03/2008, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 10/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1286/08 4 B.A.No.1286/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007