IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 209 of 2008()
1. BINDHU, W/O. SHAJI,
... Petitioner
2. P.M. MOHANAN, AGED 52 YEARS,
3. LEELA, W/O. P.M. MOHANAN,
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.BABY THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :16/01/2008
O R D E R
R. BASANT, J.
- - - - - - - - - - - - - - - - - - - - - -
B.A.No. 209 of 2008
- - - - - - - - - - - - - - - - - - - - - -
Dated this the 16th day of January, 2008
O R D E R
Application for anticipatory bail. The petitioners are the
relatives of the husband of the defacto complainant. The
marriage between the defacto complainant and the first accused
took place on 30.6.2007. The crime was registered alleging the
offence punishable under Section 498A I.P.C. The first
petitioner is the sister-in-law, aged 27 years, and petitioners 2
and 3 are the parents-in-law of the defacto complainant. It is
alleged that the petitioners have also been guilty of matrimonial
cruelty of the physical and mental variety against the defacto
complainant. She was admitted in the hospital. Crime was
registered on the basis of the statement of the defacto
complainant given to the police at the hospital. Except complaint
of pain, no other injury has been suffered by the victim.
2. The learned counsel for the petitioners submits that
there is strain in the matrimony. Because of such strain, false and
B.A.No. 209 of 2008
2
fanciful allegations are being raised now. The petitioners may be
granted anticipatory bail, it is prayed.
3. The learned Prosecutor does not oppose the application and
I am satisfied that this is a fit case where directions under Section 438
Cr.P.C. can be issued in favour of the petitioners. In coming to this
conclusion I take note of the fact that the marriage had taken place as
only on 30.6.2007 and that the arrest and incarceration of the
petitioners is likely to slam the doors of harmonious settlement of the
disputes. Subject to appropriate conditions, anticipatory bail can be
granted to the petitioners.
4. 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 22.1.2008 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
B.A.No. 209 of 2008
3
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 1
p.m. on 23.1.08 and 24.1.2008 and thereafter on all Mondays between
10 a.m. and 12 noon for a period of one month 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
22.1.2008 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
22.1.2008 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 22.1.2008.
(R. BASANT)
tm Judge
B.A.No. 209 of 2008
4