IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2708 of 2008() --------------------------------------- PETITIONER/ACCUSED 1 TO 3 ------------------------------------------ 1. ASHIF,S/O.ABU, AGED 28 YEARS, THYKANDI HOUSE, THIKKODI P.O., KOILANDY, KOZHIKKODE DIST. 2. ABU, S/O.KOYOTTI, AGED 57 YEARS, THKANDI HOUSE, THIKKODI P.O., KOILANDY, KOZHIKKODE DIST. 3. LAILA, W/O.ABU, AGED 47 YEARS, THYKANDI HOUSE, THIKKODI P.O., KOILANDY, KOZHIKKODE DIST. BY ADV. SMT.K.V.RESHMI RESPONDENTS: COMPLAINANT AND STATE ------------------------ 1. S.I.OF POLICE, PAYYOLI POLICE STATION. 2. THE STATE OF KERAL, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2708 of 2008 ------------------------------------- Dated this the 2nd day of May, 2008 ORDER Application for anticipatory bail. Petitioners are the husband of the defacto complainant and his relatives. Marriage took place on 10.12.06. The spouses are not blessed with any children. Complaint was directly made before the police on 16.04.08 of matrimonial cruelty of the culpable variety indulged in by the petitioner on 15.04.08 and earlier. No injury has been suffered by the victim. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. Suffice it to say that the said stand taken by the learned Public Prosecutor does appear to be absolutely justified. 3. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. B.A.No.2708 of 2008 2 i) The petitioners shall appear before the learned Magistrate at 11 a.m on 09.05.2008. They shall be enlarged on regular bail on their executing 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 and 3 p.m on 10.05.2008 and 11.05.2008. 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. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer on all Monday and Fridays between 10 a.m and 3 p.m for a period of two months and subsequently 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 those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 09.05.08 as directed in clause (1) above, they shall be released from custody on their executing bonds for Rs.25,000/- (Rupees Twenty Five thousand only) each without any sureties undertaking to appear before the learned Magistrate on 09.05.08. (R.BASANT, JUDGE) rtr/- B.A.No.2708 of 2008 3