IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 258 of 2008()
1. LAKSHMI AMMA, W/O LATE BALASUBRAMANIAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.E.R.VENKATESWARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :17/01/2008
O R D E R
R.BASANT, J
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B.A.No.258 of 2008
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Dated this the 17th day of January, 2008
ORDER
Application for anticipatory bail. Petitioner faces allegations
of matrimonial cruelty of the culpable variety punishable under
Section 498 I.P.C. Crime has been registered on the basis of a
private complaint filed by the defacto complainant before the
learned Magistrate. The learned Magistrate referred the same to
the police under Section 156(3) Cr.P.C. Investigation is in
progress. The petitioner, who is the 2nd accused and mother in
law of the defacto complainant apprehends imminent arrest.
2. The marriage had taken place on 13.09.2006. The
spouses are not blessed with any children. Cognizance has been
taken on a private complaint referred to the police.
3. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not oppose the said prayer and I
am satisfied that the petitioner can be granted anticipatory bail.
In coming to this conclusion, I take note of the fact that
admittedly the victim had not suffered any external physical
injuries. I take note of the reality that arrest and incarceration of
the petitioner is likely to close the doors of all possibilities of
B.A.No.258 of 2008 2
harmonious settlement of the matrimonial disputes. Appropriate
conditions can of course be imposed in the interests of a fair,
efficient and expeditious investigation.
4. In the result, the Bail Application is, allowed. The
following directions are issued under Section 438 Cr.P.C.
i) The petitioner shall appear before the learned
Magistrate at 11 a.m on 24.01.2008. She shall be enlarged on
regular bail on her executing bond for Rs.25,000/- (Rupees
Twenty Five thousand only) with two solvent sureties each for the
like sum to the satisfaction of the learned Magistrate;
ii) The petitioner shall make herself available for
interrogation before the Investigating Officer between 10 a.m and
3 p.m on 25.01.08 and 28.01.08. During that period, the
Investigating Officer shall be at liberty to interrogate the
petitioner in custody and take all necessary for the proper
conduct of the investigation. Thereafter the petitioner shall make
herself available for interrogation before the Investigating Officer
between 10 a.m and 12 noon on all Mondays for a period of one
month and subsequently the petitioner shall make herself
available for interrogation as and when directed by the
Investigating Officer in writing to do so;
B.A.No.258 of 2008 3
iii) If the petitioner does 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 petitioner and deal with her in accordance with law as if
those directions were not issued at all;
iv) If the petitioner were arrested prior to her surrender on
24.01.2008 as directed in clause (1) above, she shall be released
from custody on her executing a bond for Rs.25,000/- (Rupees
Twenty Five thousand only) without any sureties undertaking to
appear before the learned Magistrate on 24.01.2008.
(R.BASANT, JUDGE)
rtr/-