IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 464 of 2008()
1. ANWAR HUSSAIN AGED 35 YEARS,
... Petitioner
2. NABEESA, AGED 50 YEARS,
3. P.J.ABDULLA, AGED 60 YEARS,
4. MUHAMMED HANEEFA, AGED 25 YEARS,
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. SHAHIDA BANU, AGED 28 YEARS,
For Petitioner :SRI.K.ANAND
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :28/01/2008
O R D E R
R. BASANT, J.
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B.A. No. 464 OF 2008 E
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Dated this the 28th day of January, 2008
O R D E R
Application for anticipatory bail. Petitioners face
allegations for offences punishable under Sections 420 and
498A IPC. The petitioners are the husband of the de facto
complainant and his relatives. Crime has been registered on
the basis of a private complaint filed by the de facto
complainant and referred by the learned Magistrate to the
police under Section 156(3) Cr.P.C.
2. Marriage between the spouses took place on
29.7.07 under peculiar circumstances. The de facto
complainant was scheduled to get married to another person.
But, on account of some unforeseen reason, that marriage did
not take place and the de facto complainant was given in
marriage to the 1st petitioner herein on the very same day by
the relatives. They lived together and the de facto
BA.464/08
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complainant is now pregnant. They were living together till
18.11.07. It is the case of the de facto complainant that the
fact that the petitioner was earlier married and has two
children, was suppressed from the de facto complainant and
her relatives, when the petitioner got married to the de facto
complainant. It is further alleged that on 18.11.07 when the
separate residence commenced, there was an assault of the
de facto complainant by the petitioner. Crime has been
registered. Investigation is in progress. The petitioners
apprehend imminent arrest.
3. The learned counsel for the petitioners submits that
the allegations of cheating, assault, cruelty, etc. are being
raised without any bona fides. The parties knew each other
very well and it was known to everyone that the 1st petitioner
had an earlier marriage and children in such wedlock. In spite
of that, the marriage between the 1st petitioner and the de
facto complainant took place in peculiar circumstances and it
was willingly and with complete knowledge of all the
BA.464/08
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circumstances that the marriage between them took place.
Now, because of some strain in matrimony, false and
vexatious allegations are being raised. The de facto
complainant has not suffered any injury eventhough it is seen
that she had gone to the doctor on 22.11.07 after the spouses
started separate residence. The de facto complainant is now
pregnant also. In these circumstances, subject to any
appropriate conditions, anticipatory bail may be granted to the
petitioners, it is prayed.
4. The learned Public Prosecutor does not oppose the
application and having considered all the relevant
circumstances, I am satisfied that the petitioners can be
granted anticipatory bail. In the absence of opposition, it is
not necessary for me to advert to the facts in any greater
detail. I need only say that I do take note the peculiar
circumstances under which the marriage took place as also
the fact that the de facto complainant is now pregnant.
Appropriate conditions can of course be imposed.
BA.464/08
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5. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of
the petitioners.
i) Petitioners shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 04.02.2008. They
shall be released 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.
ii) The petitioners shall make themselves available for
interrogation before the investigating officer between 10 a.m
and 3 p.m on 5.2.08 and 6.2.08 and thereafter on all Mondays
and Fridays between 10 a.m and 12 noon for a period of two
months. Subsequently the petitioners shall so appear 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
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to arrest the petitioners and deal with them in accordance with
law, as if these directions were not issued at all.
(iv) If they were arrested prior to 4.2.08, they shall be
released from custody on their executing a bond for
Rs.25,000/- (Rupees twenty five thousand only) without any
sureties, undertaking to appear before the learned Magistrate
on 4.2.08.
(R.BASANT, JUDGE)
aks