IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2151 of 2008()
1. SANTHOSH, S/O NARAYANAN,
... Petitioner
2. SATHYAN, S/O NARAYANAN,
3. SUMATHI, W/O NARAYANAN,
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.JIJO PAUL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :07/04/2008
O R D E R
R. BASANT, J.
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B.A.No. 2151 of 2008
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Dated this the 7th day of April, 2008
O R D E R
Application for anticipatory bail. The petitioners are the
husband of the defacto complainant and his relatives. The
marriage took place in 27.5.2007. Not even an year has passed
and the parties are before courts now. The petitioners face
allegations of matrimonial cruelty punishable under Section
498A I.P.C. Crime has been registered on the basis of a private
complaint filed by the defacto complainant before the learned
Magistrate and referred 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 prays, the
learned Prosecutor does not oppose the said prayer and I am
satisfied, in the facts and circumstances of this case, that
anticipatory bail can be granted to the petitioners, subject to
appropriate terms and conditions. The admitted fact that the
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2
victim has not suffered any physical injury and the reality that arrest
and incarceration of the petitioners is likely to mar all possibilities of
harmonious reconciliation of marital relationship do weigh with me to
grant anticipatory bail to the petitioners.
3. In the result:
(1) This application is allowed.
(2) The following directions are issued under Section 438
Cr.P.C.
(a) The petitioners shall surrender before the learned Magistrate
on 15.4.2008 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
interrogation before the Investigating Officer between 10 a.m. and 3
p.m. on 16.4.08 and 17.4.2008 and thereafter between 10 and 12 noon
on all Mondays and Fridays for a period of two months and
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subsequently as and when directed by the Investigating Officer in
writing to do so.
(c) If the petitioners do not appear before the learned Magistrate
as directed in clause (1) above, these directions shall lapse on
15.4.2008 and the police shall be at liberty thereafter to arrest the
petitioners and deal with them in accordance with law.
(d) If the petitioners were arrested prior to their surrender on
15.4.2008 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 15.4.2008.
(R. BASANT)
Judge
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