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. 1101 of 2008() ----------------------------- CRIME NO.127/08 OF THE THAMARASSERY POLICE STATION PETITIONERS : ACCUSED NO.1 TO 4: ----------------------------------- 1. BAIJU, S/O.PONNAPPAN, AGED 30 YEARS, KOCHUPARAMBIL HOUSE, ENGAPPUZHA AMSOM DESOM, KOZHIKODE TALUK. 2. PONNAPPAN, AGED 58 YEARS, KOCHUPARAMBIL HOUSE, ENGAPPUZHA AMSOM DESOM, KOZHIKODE TALUK. 3. SUMATHY, W/O.PONNAPPAN, AGED 48 YEARS, KOCHUPARAMBIL HOUSE, ENGAPPUZHA AMSOM DESOM, KOZHIKODE TALUK. 4. MANJUSHA, D/O.PONNAPPAN, AGED 19 YEARS, KOCHUPARAMBIL HOUSE, ENGAPPUZHA AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. 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. 1101 of 2008 ------------------------------------------------- Dated this the 25th day of February, 2008 ORDER Application for anticipatory bail. The petitioners are accused 1 to 4. They are the husband of the de facto complainant and his relatives. Crime has been registered alleging matrimonial cruelty of the culpable variety punishable under Sec.498A of the IPC. The crime was 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 the petitioners are absolutely innocent. There is strain in the matrimonial tie. The marriage had taken place only on 10/4/06. The spouses are not blessed with any child. Strain B.A. No. 1101 of 2008 -: 2 :- in the matrimony is prompting the de facto complainant to raise reckless and exaggerated allegations. Anticipatory bail, subject to any appropriate conditions, may be granted in favour of the petitioners, prays the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor points out that there is no injury whatsoever to indicate infliction of any physical cruelty on the de facto complainant by the petitioners. Subject to appropriate conditions which shall ensure the interests of a proper investigation, anticipatory bail can be granted to the petitioners, submits the learned Public Prosecutor. 4. I am satisfied that anticipatory bail can be granted to the petitioners subject to conditions. In the absence of opposition, it is not necessary for me to advert to the facts in any greater detail in this order. 5. 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 3/3/08. They shall B.A. No. 1101 of 2008 -: 3 :- 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 4/2/08 and 5/2/08. During this period the Investigator shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioners shall appear before the Investigating Officer on all Mondays 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 B.A. No. 1101 of 2008 -: 4 :- as if these directions were not issued at all; (iv) If the petitioners were arrested prior to their surrender on 3/2/08 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 3/2/08. (R. BASANT, JUDGE) Nan/