IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 119 of 2008()
1. MOHAMMED,AGED ABOUT 70 YEARS
... Petitioner
2. AMINA,W/O. MOHAMMED,AGED 60 YEARS
3. AYISHA,D/O. MOHAMMED,AGED 41
4. SHEMEENA,D/O.MOHAMMED AGED 40
5. RUKSANA,D/O. DO....DO...AGED 32 YEARS
Vs
1. STATE OF KERALA,REP. BY STATION HOUSE
... Respondent
For Petitioner :SRI.V.RAJAGOPAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :11/01/2008
O R D E R
R. BASANT, J.
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B.A. No. 119 OF 2008
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Dated this the 11th day of January, 2008
ORDER
Application for anticipatory bail. The petitioners are the
relatives of the husband of the de facto complainant. They,
along with the husband of the de facto complainant, face
allegations under Sec.498A of the IPC. The husband/1st
accused, has already been granted anticipatory bail by this
Court as per the order dated 19/12/2007 in B.A.No.7807/07.
2. The learned counsel for the petitioners prays, the
learned Public Prosecutor does not oppose the said prayer and
I am satisfied that anticipatory bail can be granted to the
petitioners herein also on identical conditions as were imposed
on the co-accused.
3. In the result, this petition is allowed. Following
directions are issued under Sec.438 of the Cr.P.C. in favour of
B.A. No. 119 OF 2008 -: 2 :-
the petitioners:
(i) The petitioners shall appear before the learned
Magistrate having jurisdiction at 11 a.m. on 18/1/08. They shall
be released on regular bail on their executing bonds for
Rs.25,000/- 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 21/1/08 and 22/1/08 and thereafter on all Mondays
and Fridays between 10 a.m. and 12 noon for a period of two
months. Subsequently, they shall so make themselves available
for interrogation before the Investigating Officer 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 the petitioners were arrested prior to their surrender
on 18/1/08 as directed in clause (i) above, they shall be released
B.A. No. 119 OF 2008 -: 3 :-
on their executing bonds for Rs.25,000/- each without any
sureties undertaking to appear before the learned Magistrate on
18/1/08.
(R. BASANT, JUDGE)
Nan/