IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1319 of 2008() ----------------------------- CRIME NO. 1075/07 OF KARUNAGAPPALLY POLICE STATION PETITIONERS/A1 TO A3 ------------------------------------- 1. RAJESH, AGED 30 YEARS, S/O.GANGADHARAN, PADINJARETHARA THOPPIL VEEDU, PERUMPALLY MURI, ARATTUPUZHA VILLAGE, KARTHIKAPPALLY TALUK. 2. REMA, AGED 40 YEARS, D/O.GANGADHARAN, PADINJARETHARA THOPPIL VEEDU, PERUMPALLY MURI, ARATTUPUZHA VILLAGE, KARTHIKAPPALLY TALUK. 3. SOBHA, W/O.BABU, VALIYAPARAMBIL VEETTIL, VARAVILA THEKKU MURI, ARATTUPUZHA VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.R.REJI SRI.B.BIPIN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1319 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2008 O R D E R Application for anticipatory bail. The petitioners are the husband of the defacto complainant and his relatives. They face allegations in a crime registered under Section 498A r/w. 34 I.P.C. Crime has been registered on the basis of the private complaint filed by the defacto complainant before the Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the marriage between the spouses had taken place on 29.2.2004. The couple are blessed with one child. There is some strain in the matrimonial relationship. Because of such strain false, frivolous and vexatious allegations are being raised against the petitioners. They do not deserve to suffer the trauma of arrest and detention. They may be granted anticipatory bail, it is prayed. B.A.No. 1319 of 2008 2 3. The learned Prosecutor reports that the victim has not suffered any injury because of the alleged culpable conduct on the part of the petitioners. Subject to appropriate conditions, anticipatory bail can be granted to the petitioners, it is submitted. 4. I am satisfied that the petitioners can be granted anticipatory bail, subject to appropriate conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 11.3.2008 at 11 a.m. The learned Magistrate shall release the petitioners 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. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 B.A.No. 1319 of 2008 3 p.m. on 12.3.08 and 13.3.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter 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 and subsequently as and when directed by the Investigating Officer in writing to do so. (d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 11.3.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (b) If the petitioners were arrested prior to their surrender on 11.3.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 11.3.2008. (R. BASANT) tm Judge