IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 682 of 2008()
1. NIYAZUDDEEN AHMED A1
... Petitioner
2. BASHEER AHMED A2
3. KHADEEJA,
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :06/02/2008
O R D E R
R.BASANT, J.
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B.A.No.682 of 2008
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Dated this the 6th day of February 2008
O R D E R
Application for anticipatory bail. The petitioners are
the husband of the de facto complainant and his relatives –
parents-in-law. The learned Public Prosecutor, at the outset
submits that though petitioners 2 and 3 were originally arrayed
as accused 2 and 3, in the course of investigation, they have
been deleted from the array of accused. Petitioners 2 and 3
need not apprehend any arrest in this crime. Their petitions may
be dismissed, submits the learned Public Prosecutor.
2. The marriage between the spouses took place only on
27/9/2007. The crime has been registered 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 Section 156(3) Cr.P.C. Investigation is in progress.
The petitioners apprehend imminent arrest.
3. The learned counsel for the petitioners submits that
there is strain in the matrimonial relationship and that is
prompting the de facto complainant to make reckless,
exaggerated and fanciful allegations against the petitioners.
B.A.No.688/08 2
4. The learned counsel for the petitioners prays, the
learned Public Prosecutor does not oppose the said prayer and I
am satisfied that the first petitioner can now be granted
anticipatory bail subject to appropriate terms and conditions.
4. In the result, this petition is allowed in part. Petition
in so far as it relates to petitioners 2 and 3 is dismissed
accepting the submissions of the learned Public Prosecutor that
they are not required to be arrested. Following directions are
issued under Section 438 Cr.P.C in favour of the first petitioner.
i) The first petitioner shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 13/02/2008. He
shall be released on regular bail on condition that he executes a
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) He shall make himself available for interrogation
before the investigating officer between 10 a.m and 1 p.m on
14/02/2008 and 15/02/2008. During this period, the
investigating officer shall be at liberty to interrogate the
petitioner in custody and take all necessary steps for the proper
B.A.No.688/08 3
conduct of the investigation in this crime. Thereafter the
petitioner shall so appear 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.
(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 him in accordance with law,
as if these directions were not issued at all.
(iv) If he were arrested prior to 13/02/2008, he shall be
released from custody on his executing a bond for Rs.25,000/-
(Rupees twenty five thousand only) without any sureties,
undertaking to appear before the learned Magistrate on
13/02/2008.
(R.BASANT, JUDGE)
jsr
B.A.No.688/08 4
B.A.No.688/08 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007