IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1101 of 2008()
1. BAIJU, S/O.PONNAPPAN, AGED 30 YEARS,
... Petitioner
2. PONNAPPAN, AGED 58 YEARS,
3. SUMATHY, W/O.PONNAPPAN, AGED 48 YEARS,
4. MANJUSHA, D/O.PONNAPPAN,
Vs
1. STATE OF KERALA THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :25/02/2008
O R D E R
R. BASANT, J.
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B.A. No. 1101 of 2008
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Dated this the 25th day of February, 2008
ORDER
Application for anticipatory bail. The petitioners are
accused 1 to 4. They are the husband of the de facto
complainant and his relatives. Crime has been registered
alleging matrimonial cruelty of the culpable variety punishable
under Sec.498A of the IPC. The crime was registered on the
basis of a private complaint filed before the learned Magistrate
and referred to the police by the learned Magistrate under
Sec.156(3) of the Cr.P.C. 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
matrimonial tie. The marriage had taken place only on
10/4/06. The spouses are not blessed with any child. Strain
B.A. No. 1101 of 2008 -: 2 :-
in the matrimony is prompting the de facto complainant to raise
reckless and exaggerated allegations. Anticipatory bail, subject
to any appropriate conditions, may be granted in favour of the
petitioners, prays the learned counsel for the petitioners.
3. The learned Public Prosecutor does not oppose the
application. The learned Public Prosecutor points out that there
is no injury whatsoever to indicate infliction of any physical
cruelty on the de facto complainant by the petitioners. Subject
to appropriate conditions which shall ensure the interests of a
proper investigation, anticipatory bail can be granted to the
petitioners, submits the learned Public Prosecutor.
4. I am satisfied that anticipatory bail can be granted to
the petitioners subject to conditions. In the absence of
opposition, it is not necessary for me to advert to the facts in any
greater detail in this order.
5. 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 3/3/08. They shall
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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 4/2/08 and 5/2/08. During this period the
Investigator shall be at liberty to interrogate the petitioners in
custody and take all necessary steps for the proper conduct of
the investigation. Thereafter the petitioners 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,
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
B.A. No. 1101 of 2008 -: 4 :-
as if these directions were not issued at all;
(iv) If the petitioners were arrested prior to their surrender
on 3/2/08 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
3/2/08.
(R. BASANT, JUDGE)
Nan/