IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Bail Appl..No. 1199 of 2008() ----------------------------------------- (CRIME NO.83/08 OF KILIMANOOR POLICE STATION) PETITIONERS/ACCUSED 1 & 2: ------------------------------------------- 1. LISSY RAJAN, AGED 48 YEARS, W/O. K.RAJAN, ANUBHAVAN, KUNNUMEL, KILIMANOOR P.O., TRIVANDRUM. 2. ANUJITH, AGED 27 YEARS, S/O. K.RAJAN, ANUBHAVAN, KUNNUMEL, KILIMANOOR P.O., TRIVANDRUM. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K.JOY RESPONDENTS: COMPLAINANT & STATE: --------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, KILIMANOOR POLICE STATION. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/03/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J. ---------------------- B.A.No.1199 of 2008 ---------------------------------------- Dated this the 6th day of March 2008 O R D E R Application for anticipatory bail. Petitioners are accused 1 and 2 in a crime registered alleging commission of the offence punishable under Section 498A I.P.C. They are the husband and mother-in-law of the de facto complainant. Matrimonial cruelty of the culpable variety has been alleged against the petitioners. Marriage between the spouses took place on 17/4/2006. There is a contention that the wife suffers from mental illness. The petitioners had come to this court seeking anticipatory bail earlier and by order dated 01/02/2008 in B.A.No.582/2008, the said petition was dismissed accepting the submissions of the learned Public Prosecutor that the petitioners were not required to be arrested at that time. Subsequently on identical allegations raised by the de facto complainant on a later date, the present crime has been registered. The victim has not suffered any serious physical injuries, submits the learned Public Prosecutor. 2. The learned counsel for the petitioners 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 B.A.No.1199/08 2 petitioners can be granted anticipatory bail subject to appropriate terms and conditions. 3. 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 12/03/2008. 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 and 3 p.m on 13/03/2008 and 14/03/2008. 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 Saturdays 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. B.A.No.1199/08 3 (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 12/03/2008, 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 12/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1199/08 4 B.A.No.1199/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007