IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Bail Appl..No. 894 of 2008() ---------------------------- CRIME 51/08 OF SASTHAMCOTTA POLICE STATION PETITIONER/ACCUSED ----------------------------------- 1. SANTHOSH KUMAR, AGED 40 YEARS S/O.KUMARAN, BHAVANA NAGAR, KADAPPAKKADA, KOLLAM. 2. VIJAYA KUMARI, AGED 54 YEARS D/O.KUMARAN, NEDIYAKUNNATHU, BHAVANA NAGAR 357, KADAPPAKKADA, KOLLAM. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. (CRIME NO.51 OF 2008 OF SASTHAMCOTTA POLICE STATION) BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 894 OF 2008 F ```````````````````````````````````````````````````` Dated this the 15th day of February, 2008 O R D E R Application for anticipatory bail. Petitioners face allegations in a crime registered under section 498A IPC. Petitioners are the husband and sister-in-law of the de facto complainant. Marriage took place on 25.6.07. Crime has been registered on the basis of a private complaint filed by the de facto complainant before the Magistrate and referred by the learned Magistrate to the police under section 156(3) Cr.P.C. 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 subject to appropriate terms and conditions. 3. In the absence of the opposition of the learned Public Prosecutor, it is not necessary to advert to the facts in BA.894/08 : 2 : any greater detail. 4. 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 22.2.08. 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 23.2.08 and 24.2.08. 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, they shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months. Subsequently BA.894/08 : 3 : 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 22.2.08, 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 22.2.08. (R.BASANT, JUDGE) aks