IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Bail Appl..No. 249 of 2008() ---------------------------- CRIME 10/08 OF KASARAGOD POLICE STATION PETITIONERS/ACCUSED ----------------------------------- 1. HASSAN KUTTY, AGED 50 YEARS, S/O MOHAMMED KUNHI, MADAVAMKUNNU HOUSE, KULAMBAKKAL, CHEMNAD, KASARAGOD. 2. HANEEF, AGED 33 YEARS, S/O K.ABBAS, PALACHIADUKKAM, PARAVAVANADUKKAM, CHEMANAD, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 249 OF 2008 A ```````````````````````````````````````````````````` Dated this the 17th day of January, 2008 O R D E R Application for anticipatory bail. Petitioners are the husband of the de facto complainant and his nephew. The marriage took place on 22.8.99. The spouses are not blessed with any child. The petitioners now face allegations of matrimonial cruelty of the culpable variety punishable under Section 498A IPC. The crime was registered on a complaint filed before the learned Magistrate and referred under Section 156(3) Cr.P.C. 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 now be granted anticipatory bail subject to appropriate conditions to be imposed in the interests of fair, efficient and expeditious investigation. The fact that arrest and incarceration of the petitioners is likely to mar all possibilities of a harmonious BA.249/08 : 2 : settlement of the matrimonial dispute and the stand taken by the learned Public Prosecutor that there is admittedly no allegation of physical cruelty do weigh with me in coming to that conclusion. 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 24.1.2008. 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 25.1.2008 and 28.1.2008. 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, BA.249/08 : 3 : they 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, 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 24.1.2008, 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 24.1.2008. (R.BASANT, JUDGE) aks