IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4998 of 2007()
1. DR.ANIL KUMAR, AGED 44 YEARS,
... Petitioner
2. SAROJINI, AGED 77 YEARS,
3. SOJA KUMARI,AGED 46 YEARS,
4. SMITHA, AGED 24 YEARS,
Vs
1. STATE OF KERALA,REPRESENTED BY
... Respondent
For Petitioner :SRI.S.MOHANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :18/08/2007
O R D E R
R. BASANT, J.
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B.A. No. 4998 OF 2007
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Dated this the 18th day of August, 2007
ORDER
Application for anticipatory bail. The petitioners are the
husband, mother-in-law, sister-in-law and the niece-in-law of
the de facto complainant. The marriage took place on
31/12/04. The couple are not blessed with any children.
They allegedly started separate residence way back in 2005.
A crime has been registered on the basis of a private complaint
filed by the de facto complainant. The de facto complainant is
an Advocate by profession. The 1st petitioner is a Doctor.
Crime has been registered. Investigation is in progress. The
petitioners apprehend imminent arrest.
2. The learned counsel for the petitioners submits that
the petitioners are absolutely innocent. There is strain in the
matrimony. Consequently, exaggerated and vexatious
allegations are raised against the petitioners by the de facto
B.A. No. 4998 OF 2007 -: 2 :-
complainant in a private complaint. Anticipatory bail may, in
the interests of justice, be granted to the petitioners, it is prayed.
3. The learned Public Prosecutor does not oppose the said
prayer. The learned Public Prosecutor only submits that
appropriate conditions may be imposed in the interests of a fair,
efficient and expeditious investigation. I am satisfied, in the
facts and circumstances to which I have made a brief reference
above, that anticipatory bail can be granted to the petitioners.
4. In the result, this petition is allowed. Following
directions are issued under Sec.438 of the Cr.P.C:
(i) The petitioners shall appear before the learned
Magistrate having jurisdiction at 11 a.m. on 25/8/07. 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 30/8/07 and 31/8/07 and thereafter on all Mondays
and Fridays between 10 a.m. and 12 noon for a period of one
month. 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.
B.A. No. 4998 OF 2007 -: 3 :-
(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 25/8/07 as directed in clause (i) above, they shall be released
on their executing bonds for Rs.25,000/- each without any
sureties undertaking to appear before the learned Magistrate on
25/8/07.
Sd/-
(R. BASANT, JUDGE)
Nan
//true copy//
P.S. to Judge