IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5801 of 2007()
1. V.N.NARAYANAKURUP, VALAYAMCHERIL HOUSE,
... Petitioner
2. EASWARI AMMA, W/O. NARAYANAKURUP,
3. JAYAKUMAR,S/O.NARAYANAKURUP,
Vs
1. STATE OF KERALA,REPRESENTED BY ITS
... Respondent
2. THE CIRCLE INSPECTOR, POLICE STATION,
3. THE CIRCLE INSPECTOR,
For Petitioner :SRI.P.B.SAHASRANAMAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :26/09/2007
O R D E R
R.BASANT, J
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B.A.No.5801 of 2007
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Dated this the 26th day of September, 2007
ORDER
Application for anticipatory bail. The petitioners are the husband
and parents-in-law of the defacto complainant. Allegations of
matrimonial cruelty of the culpable variety are raised against the
petitioners. The marriage between the 3rd petitioner and the defacto
complainant took place on 29.04.07. There is obvious differences of
opinion between the spouses. Wife has filed a complaint before the
police. The crime has accordingly been registered. Investigation is in
progress. The petitioners apprehend imminent arrest.
2. The learned counsel for the petitioners submits that there
is unfortunate maladjustments after the marriage. The wife, who has
remained married for less than 5 months, has chosen to make fanciful
and exaggerated allegations because of the strain in the matrimony.
The petitioners do not deserve to endure the trauma of arrest and
detention. They may be granted anticipatory bail, it is prayed.
3. The learned Public Prosecutor does not oppose the
application. I reckon the stand taken by the learned Public Prosecutor
as fair and reasonable. Arrest and incarceration of the petitioners is
likely to mar the matrimonial tie beyond repair. That contingency
B.A.No.5801 of 2007 2
must be attempted to be avoided. Anticipatory bail can in these
circumstances be granted to the petitioners subject to appropriate
terms and conditions.
4. The learned Public Prosecutor submits that the
petitioners are required to be arrested in Crime No.715 of 2007 of
Malayalappuzha Police Station, Pathanamthitta District.
5. In the result, the Bail Application is, allowed. The following
directions are issued under Section 438 Cr.P.C.
i) The petitioners shall appear before the learned Magistrate
at 11 a.m on 03.10.2007. 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 04.10.07 and 05.10.07 and thereafter between 10 a.m and 12
noon on all Mondays and Fridays for a period of one month.
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;
B.A.No.5801 of 2007 3
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
03.10.07 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) without any sureties undertaking to appear before
the learned Magistrate on 03.10.07.
(R.BASANT, JUDGE)
rtr/-