IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Bail Appl..No. 693 of 2008() ---------------------------- CRIME NO.85/08 OF PUNALUR POLICE STATION PETITIONERS/ACCUSED 1 & 2 ------------------------------------------ 1. PRADEEP ALEX, VAYALUNKAL HOUSE, PUNALUR. 2. ACHAMMA THOMAS, DO. DO. BY ADV. SRI.V.PREMCHAND RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PUNALUR. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 693 OF 2008 ------------------------------------------------- Dated this the 8th day of February, 2008 ORDER Application for anticipatory bail. The petitioners face allegations in a crime registered under Sec.498A of the IPC. The petitioners are the husband of the de facto complainant and her mother-in-law. The marriage took place on 5/3/06. According to the petitioners, the de facto complainant is a divorcee. There is some strain in the relationship. Because of such strain, fanciful and exaggerated allegations are being raised against the petitioners. The petitioners, it is alleged, went to the school where the de facto complainant is working and created unnecessary problems. It is further alleged that the petitioners took the de facto complainant to the house of a lady with whom he has illicit relationship. The crime has been registered on the basis of a complaint filed before the police. B.A. No. 693 OF 2008 -: 2 :- 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 subject to appropriate terms and conditions. In the absence of opposition, it is not necessary for me to advert to the facts in any greater detail in this order. 3. 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 15/2/08. They shall 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 16/2/08 and 18/2/08. 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 B.A. No. 693 OF 2008 -: 3 :- 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 the petitioners were arrested prior to their surrender on 15/2/08 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 15/2/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge