IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 646 of 2008()
1. NAZEER M., S/O. IBRAHIM,
... Petitioner
2. ALEEMA, W/O. IBRAHIM,
3. HAJIRA, W/O. LATNEEF,
4. SAJNA, W/O. NAZAR,
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.JACOB E SIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :11/02/2008
O R D E R
R. BASANT, J.
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B.A.No. 646 of 2008
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Dated this the 11th day of February, 2008
O R D E R
Application for anticipatory bail. The petitioners are the
husband of the defacto complainant and his relatives. They face
allegations in a crime registered for the offence punishable under
Section 498A I.P.C. The marriage between the spouses took
place on 27.2.2000. The spouses are blessed with two children.
Crime has been registered on the basis of a private complaint
filed by the defacto complainant and referred by the learned
Magistrate to the police under Section 156(3) Cr.P.C.
Investigation is in progress. The petitioners apprehend imminent
arrest.
2. The learned counsel for the petitioners submits that the
petitioners are innocent. Eventhough it is alleged that divorce
has been effected, Annex.A only shows that Thalak has been
pronounced only twice and hence not make it a valid divorce at
any rate. The learned counsel submits that there is some strain in
the matrimonial relationship. Because of such strain false,
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frivolous and vexatious allegations are being raised against the
petitioners. They do not deserve to suffer the trauma of arrest and
detention. They may be granted anticipatory bail, it is prayed.
3. The learned Prosecutor does not oppose the application. I am,
in these circumstances, satisfied that anticipatory bail can be granted to
the petitioners, subject to appropriate terms and conditions. In the
absence of opposition it is not necessary for me to advert to facts in
any greater detail in this order.
4. In the result:
(1) These applications are allowed.
(2) The following directions are issued under Section 438
Cr.P.C.
(a) The petitioners shall surrender before the learned Magistrate
on 18.2.2008 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) The petitioners shall make themselves available for
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interrogation before the Investigating Officer between 10 a.m. and 1
p.m. on 19.2.08 and 20.2.2008. During this period, the investigators
shall be at liberty to interrogate the petitioners in custody and take all
necessary steps in connection with the investigation. Thereafter they
shall appear before the Investigating Officer 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 do not appear before the learned Magistrate
as directed in clause (1) above, these directions shall lapse on
18.2.2008 and the police shall be at liberty thereafter to arrest the
petitioners and deal with them in accordance with law.
(b) If the petitioners were arrested prior to their surrender on
18.2.2008 as directed in clause (1) above, they shall be released on
bail on their executing bonds for Rs.25,000/- each without any surety
undertaking to appear before the learned Magistrate on 18.2.2008.
(R. BASANT)
tm Judge
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