ANAS v. STATE OF KERALA

BY ADV. SRI. K.SIJU RESPONDENT: ----------------------- STATE OF KERALA, REPRESENTED BY S.I OF POLICE, KARUNAGAPPALLY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of January, 2008

O R D E R Application for anticipatory bail. The petitioners are husband, mother-in-law and sister-in-law respectively of the defacto complainant. So far as the third petitioner/third accused is concerned, the learned prosecutor submits that on the basis of the investigation so far conducted, she has been deleted from the array of accused. She need not apprehend arrest.

The marriage took place on 5.7..2007. No issues have been born in the wedlock. There is strain in the marital tie and on account of such strain, fanciful, false and exaggerated allegations are being made against the petitioners. The petitioners may be saved of the undeserved trauma of arrest and incarceration in prison, submits the learned counsel. Crime has been registered on the basis of a private complaint filed before B.A.No. 3 of 2008 2 the learned Magistrate and forwarded to the police under Section 156 (3) Cr.P.C. The petitioners apprehend imminent arrest.

The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that this is a fit case where directions under Section 438 Cr.P.C. can be issued in favour of petitioners 1 and 2. In coming to this conclusion I take note of the reality that the arrest and incarceration of the petitioners is likely to mar all possibilities of reconciliation of marital relationship. I further take note of the submission of the learned Prosecutor that there is no external injury suffered by the victim in tune with the allegation of physical cruelty. Subject to appropriate conditions, anticipatory bail can be granted to petitioners 1 and 2.

In the result: (1) Application of the third petitioner/third accused is dismissed. (2) The following directions are issued under Section 438 Cr.P.C. in favour of petitioners 1 and 2. B.A.No. 3 of 2008 3 (a) The petitioners/A1 and 2 shall surrender before the learned Magistrate on 14.1.2008 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) They shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 1 p.m. on 15.1.08 and 16.1.2008 and thereafter 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/A1 and 2 do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 14.1.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (b) If the petitioners/A1 and 2 were arrested prior to their surrender on 14.1.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without B.A.No. 3 of 2008 4 any surety undertaking to appear before the learned Magistrate on

14.1.2008. (R. BASANT) Judge