IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Bail Appl..No. 497 of 2008() ---------------------------- CRIME NO.329/07 OF KEEZHVAIPUR POLICE STATION, PATHANAMTHITTA DISTRICT PETITIONERS : ACCUSED NOS.2 TO 7: ------------------------------------ 1. ALIEYAMA MATHAI, AGED 67, W/O.M.T.MATHAI, MELEKUTTU, ANIKAD, MALLAPPALLY. 2. M.T.MATHAI, AGED 69, S/O.LATE THOMAS, MELEKUTTU, ANIKAD, MALLAPPALLY. 3. SHIBU MATHEW, AGED 36, S/O.M.T.MATHAI, MELEKUTTU, ANIKAD, MALLAPPALLY. 4. SHIJU MATHEW (MATHEW PHILIP), AGED 32, S/O.M.T.MATHAI, MELEKUTTU, ANIKAD, MALLAPPALLY. 5. DIMPLE MATHEW (DIMPLE SHIJU), AGED 28, W/O.SHIJU MATHEW, MELEKUTTU, ANIKAD, MALLAPPALLY. 6. BINDU SHIJU, (BIJI SHIBU), AGED 32, W/O.SHIJU MATHEW, MELEKUTTU, ANIKAD, MALLAPPALLY. BY ADV. SRI.JOSEPH GEORGE RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY THE S.I. OF POLICE KEEZHVAIPUR POLICE STATION, PATHANAMTHITTA DISTRICT BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.497 of 2008 ------------------------------------- Dated this the 29th day of January, 2008 ORDER Application for anticipatory bail. Petitioners are the relatives of the husband of the defacto complainant. The marriage took place on 11.09.06. The spouses are not blessed with any children. A complaint received by the National Women's Commission was forwarded to the police and accordingly the crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case that the petitioners can now be granted anticipatory bail. In coming to this conclusion, the reality that arrest and incarceration of the petitioners is likely to mar all chances of harmonious settlement of the matrimonial dispute and the admitted stand of the learned Public Prosecutor that no physical injury has resulted from the alleged cruelty do weigh with me. Appropriate conditions can of course be imposed. B.A.No.497 of 2008 2 3. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 05.02.08. They shall be enlarged on regular bail on their executing a bond 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 06.02.08 and 07.02.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioners shall 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 B.A.No.497 of 2008 3 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 05.02.08 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) each without any sureties undertaking to appear before the learned Magistrate on 05.02.08. (R.BASANT, JUDGE) rtr/-