IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1104 of 2008()
1. K.M.C.ABDUL AZEEZ
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SMT.T.SUDHAMANI
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. 1104 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 5. They are the husband of the de facto
complainant and his relatives. Marriage took place on
15/4/07. Allegations are raised of the offence of matrimonial
cruelty punishable under Sec.498A of the IPC. Cognizance has
been taken on the basis of a private complaint filed by the de
facto complainant before the learned Magistrate and referred
by the learned Magistrate to the police 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. The 1st accused/the
husband is a deaf and dumb person. Frustrations and
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disappointments in marriage are prompting the de facto
complainant to raise reckless and exaggerated allegations.
Arrest and incarceration of the petitioners is likely to close the
doors permanently on any possibility of harmonious settlement
of the matrimonial dispute. The petitioners are willing to abide
by any conditions. They may be granted anticipatory bail
subject to appropriate conditions, prays the learned counsel for
the petitioners.
3. The learned Public Prosecutor does not oppose the
application. The learned Public Prosecutor reports that the
alleged victim/the de facto complainant is not shown to have
suffered any injury consequent to the alleged infliction of cruelty
on her by the petitioners.
4. Having considered all the relevant inputs, I am satisfied
that anticipatory bail can be granted to the petitioners subject to
appropriate conditions which shall ensure the interests of a
proper investigation.
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 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.
(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
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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/