IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3 of 2008()
1. ANAS, S/O FATHAHUDEEN,
... Petitioner
2. ABIDHA, W/O FATHAHUDEEN,
3. SHEEJA,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI. K.SIJU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :07/01/2008
O R D E R
R. BASANT, J.
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B.A.No. 3 of 2008
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Dated this the 7th day of January, 2008
O R D E R
Application for anticipatory bail. The petitioners are
husband, mother-in-law and sister-in-law respectively of the
defacto complainant. So far as the third petitioner/third accused
is concerned, the learned prosecutor submits that on the basis of
the investigation so far conducted, she has been deleted from the
array of accused. She need not apprehend arrest.
2. The marriage took place on 5.7..2007. No issues have
been born in the wedlock. There is strain in the marital tie and
on account of such strain, fanciful, false and exaggerated
allegations are being made against the petitioners. The
petitioners may be saved of the undeserved trauma of arrest and
incarceration in prison, submits the learned counsel. Crime has
been registered on the basis of a private complaint filed before
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the learned Magistrate and forwarded to the police under Section 156
(3) Cr.P.C. The petitioners apprehend imminent arrest.
3. The learned counsel for the petitioners prays, the learned
Prosecutor does not oppose the said prayer and I am satisfied that this
is a fit case where directions under Section 438 Cr.P.C. can be issued
in favour of petitioners 1 and 2. In coming to this conclusion I take
note of the reality that the arrest and incarceration of the petitioners is
likely to mar all possibilities of reconciliation of marital relationship. I
further take note of the submission of the learned Prosecutor that there
is no external injury suffered by the victim in tune with the allegation
of physical cruelty. Subject to appropriate conditions, anticipatory bail
can be granted to petitioners 1 and 2.
4. In the result:
(1) Application of the third petitioner/third accused is
dismissed.
(2) The following directions are issued under Section 438
Cr.P.C. in favour of petitioners 1 and 2.
B.A.No. 3 of 2008
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(a) The petitioners/A1 and 2 shall surrender before the learned
Magistrate on 14.1.2008 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 solvent sureties each for the like sum to the satisfaction of the
learned Magistrate.
(b) They shall make themselves available for interrogation
before the Investigating Officer between 10 a.m. and 1 p.m. on 15.1.08
and 16.1.2008 and thereafter on all Mondays and Fridays between 10
a.m. and 12 noon for a period of two months and subsequently as and
when directed by the Investigating Officer in writing to do so.
(d) If the petitioners/A1 and 2 do not appear before the learned
Magistrate as directed in clause (1) above, these directions shall lapse
on 14.1.2008 and the police shall be at liberty thereafter to arrest the
petitioners and deal with them in accordance with law.
(b) If the petitioners/A1 and 2 were arrested prior to their
surrender on 14.1.2008 as directed in clause (1) above, they shall be
released on bail on their executing bonds for Rs.25,000/- each without
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any surety undertaking to appear before the learned Magistrate on
14.1.2008.
(R. BASANT)
Judge
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