IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 56 of 2008()
1. ROJI THOMAS, S/O. THOMAS, AGED 31 YEARS,
... Petitioner
2. REJI THOMAS, S/O. THOMAS, AGED 33 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.SUNIL NAIR PALAKKAT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :10/01/2008
O R D E R
R.BASANT, J
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B.A.No.56 of 2008
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Dated this the 10th day of January, 2008
ORDER
Application for anticipatory bail. Petitioners are the husband
and brother in law of the defacto complainant. There is strain in
the matrimony. The spouses are living separately. The crux of
the allegations is that the husband and brother in law of the
defacto complainant went to the house occupied by the defacto
complainant and allegedly threatened her.
2. The learned counsel for the petitioners submits that
the allegations are totally unfounded. In fact, the house has been
taken on lease in the name of the 1st petitioner. Because of the
strain in the matrimony, reckless and exaggerated allegations are
being raised against the petitioner, submits the learned counsel
for the petitioners.
3. The learned counsel for the petitioners prays, the
learned Public Prosecutor does not oppose the said prayer and I
am satisfied in the facts and circumstances of this case that the
petitioners can be granted anticipatory bail. In the absence of
opposition, it is not necessary for me to advert to facts in any
greater detail.
4. In the result, the Bail Application is, allowed. The
following directions are issued under Section 438 Cr.P.C.
B.A.No.56 of 2008 2
i) The petitioners shall appear before the learned Magistrate
at 11 a.m on 17.01.2008. They shall be enlarged on regular bail on
their executing a bond 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 4
p.m on 18.01.2008 and 19.01.2008 and thereafter between 10 a.m
and 12 noon on all Mondays and Fridays for a period of one months.
Subsequently the petitioners shall make themselves available for
interrogation before the Investigating Officer 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 to arrest the
petitioners and deal with them in accordance with law as if those
directions were not issued at all;
iv) If the petitioners were arrested prior to their surrender on
17.01.08 as directed in clause (1) above, they shall be released from
custody on their executing a bond for Rs.25,000/- (Rupees Twenty Five
thousand only) each without any sureties undertaking to appear before
the learned Magistrate on 17.01.08.
(R.BASANT, JUDGE)
rtr/-
B.A.No.56 of 2008 3