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. 726 of 2008() ---------------------------- CRMP.146/2008 of DISTRICT COURT, KALPETTA CRIME NO.243/07 OF AMBALAVAYAL POLICE STATION .................... PETITIONERS : ACCUSED ----------------- 1. SANTHOSH @ SANTHOSH KUMAR, AGED 34, S/O.BALAN NAIR, MELEKALATHIL HOUSE, VADUVANCHAL, THOMATTUCHAL VILLAGE, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. 2. BALAN NAIR, AGED 60, S/O.RAMAN NAIR, MELEKALATHIL HOUSE, VADUVANCHAL, THOMATTUCHAL VILLAGE, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. 3. LAKSHMIKUTTI @ LAKSHMIKUTTY AMMA, AGED 55, W/O.BALAN NAIR, MELEKALATHIL HOUSE, VADUVANCHAL, THOMATTUCHAL VILLAGE, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. 4. SATHEESH, AGED 21, S/O.BALAN NAIR, MELEKALATHIL HOUSE, VADUVANCHAL, THOMATTUCHAL VILLAGE, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. 5. SAJEESH KUMAR, AGED 26, S/O.BALAN NAIR, MELEKALATHIL HOUSE, VADUVANCHAL, THOMATTUCHAL VILLAGE, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. Bail Appl..No. 726 of 2008() - 2 - 6. SANEESH, AGED 21, S/O.BALAN NAIR, MELEKALATHIL HOUSE, VADUVANCHAL, THOMATTUCHAL VILLAGE, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. 7. RAMANKUTTY @ RAMANKUTTY NAIR, AGED 52, S/O.MADHAVAN NAIR, MELEKALATHIL HOUSE, VADUVANCHAL, THOMATTUCHAL VILLAGE, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. 8. SHEENA RAJEEV, AGED 22, D/O.RAMANKUTTY NAIR, MELEKALATHIL HOUSE, VADUVANCHAL, THOMATTUCHAL VILLAGE, SULTHAN BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENTS: COMPLAINANT/STATE ------------- 1. SUB INSPECTOR OF POLICE, AMBALAVAYAL. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR 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.726 of 2008 ------------------------------------- Dated this the 8th day of February, 2008 ORDER Application for anticipatory bail. Petitioners are the husband of the defacto complainant and his relatives. They face allegations in a crime registered under Section 498 A I.P.C. The crime has been registered on the basis of a private complaint filed by the defacto complainant before the learned Magistrate and referred to the police by the learned Magistrate under Section 156(3) Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The marriage had taken place on 19.10.03. The spouses are blessed with one child (now aged 3 years). There is some strain in the matrimony and because of such strain, false and vexatious allegations are being raised against the petitioners. As many as 8 persons are arrayed as the accused in the private complaint. In these circumstances, the petitioners may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the said application. The learned Public Prosecutor concedes that the B.A.No.726 of 2008 2 victim has suffered no external injuries and I am satisfied that the petitioners can be granted anticipatory bail subject of course to appropriate terms and conditions. 4. 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 15.02.2008. They shall be enlarged on regular bail on their executing 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 16.02.08 and 18.02.08. 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 between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so; B.A.No.726 of 2008 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 those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 15.02.2008 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 15.02.2008. (R.BASANT, JUDGE) rtr/-