IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Bail Appl..No. 1300 of 2008() ----------------------------- CRIME NO.89/08 OF CHERPU POLICE STATION APPLICANTS/ACCUSED --------------------------- 1. WILSON, AGED 40 YEARS S/O.LATE GEORGE,KADA HOUSE, CHERPU P.O.,THRISSUR DISTRICT. 2. CICILY, AGED 70 YEARS W/O.LATE GEORGE, KADA HOUSE, CHERPU P.O.,THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT/COMPLAINANT: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1300 of 2008 ---------------------------------------- Dated this the 3rd day of March 2008 O R D E R Application for anticipatory bail. Petitioners are the husband of the de facto complainant and her mother-in-law. The marriage between the spouses had taken place in 1996. The spouses are blessed with three children. The husband was allegedly guilty of matrimonial cruelty of the culpable variety against the de facto complainant. Crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that there is strain in the matrimonial relationship and that is prompting the de facto complainant to make reckless, exaggerated and fanciful allegations against the petitioners. The petitioners may be granted anticipatory bail to save them from the trauma of undeserved arrest and detention, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor submits that though B.A.No.1300/08 2 there is an allegation of physical cruelty, no evidence of any such cruelty has been detected. Appropriate conditions may be imposed, it is prayed. 4. Having considered all the relevant circumstances, I am satisfied that the petitioners can be granted anticipatory bail. In the absence of opposition, it is not necessary for me to advert to facts in greater detail. 5. 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 10/03/2008. 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 11/03/2008 and 12/03/2008. During this period, the investigating officer shall be at liberty to interrogate the B.A.No.1300/08 3 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 Mondays between 10 a.m and 3 p.m 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. (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 10/03/2008, 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 10/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1300/08 4 B.A.No.1300/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007