IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Bail Appl..No. 7815 of 2008(B) ------------------------------------------ (CR. NO. 811/2008 OF KASARAGOD POLICE STATION) ............ PETITIONER/ACCUSED NO.2: ------------------------------------------ NADEEM M.A., AGED 18 YEARS, S/O.MUHAMMED, S.P.NAGAR, OLAYATHADUKA, KASARAGOD DISTRICT. BY ADVS. SRI.M.SASINDRAN, SRI.K.P.HARISH. RESPONDENTS/ COMPLAINANT & STATE: ------------------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR.NO.811 OF 2008 OF KASARAGOD POLICE STATION), KASARAGOD DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. K.S. SIVA KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. ------------------------------ B.A. No.7815 OF 2008 ------------------------------ Dated this the 8th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 323, 324, 498 A read with 34 of I.P.C. According to prosecution, defacto complainant was given 40 sovereigns of gold and Rs.1 Lakh at the time of marriage. Those were taken by the accused within one week of the marriage. Thereafter, the defacto complainant was harassed demanding more dowry and money. Petitioner, who is the brother of the defacto complainant's husband, even assaulted defacto complainant. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. As per the allegations, defacto complainant stated that even her husband, who was abroad, was harassing her. Petitioner is his brother. Hence, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that there was harassment from the husband and husband's family members on the defacto complainant and B.A.No.7815 of 2008 2 petitioner, who is the brother in law, had also assaulted the defacto complainant. Therefore it is not a fit case to grant anticipatory bail. On hearing both sides, I find that no special circumstances are made out to grant anticipatory bail to petitioner. The crime was registered as early as on 07.11.2008 and petitioner is not available for investigation. Hence, Petitioners is, directed to surrender before the Investigating Officer within 7 days from today and co-operate with the investigation. Whether he surrenders or not, arrest would proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac