IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Bail Appl..No. 289 of 2010() ------------------------------------- CRIME NO.833/2009 OF ADIMALI POLICE STATION. ....... PETITIONER/ ACCUSED --------------------- JOLLY, S/O SCARIA, NADUURACKAL HOUSE, SOUTH KATHIPPARA, VELLATHOOVAL, ADIMALI. BY ADV. SRI.V.K.SUNIL RESPONDENT(S): COMPLAINANT ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (THROUGH THE S.I. OF POLICE, ADIMALI POLICE STATION). PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J. --------------------------- B.A. No.289 of 2010 ------------------------------------ Dated this the 24th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 498-A of the Indian Penal Code. According to prosecution, petitioner physically and mentally harassed de facto complainant since she did not conceive a child and the marital relationship got strained as he lost interest in the de facto complainant. 3. Learned counsel for petitioner submitted that 15 years elapsed after the marriage, petitioner has not committed the alleged offence and de facto complainant has not specified as any instance in the complaint. 4. This petition is opposed. Learned Public Prosecutor submitted that though specific instances are not mentioned, the allegations in the complaint clearly reveal the offence. It is also submitted that petitioner is involved in another crime also. Since de facto complainant filed a complaint under Section 498 A of the Indian Penal Code against the petitioner, he along with other accused trespassed into the parental house of the de facto B.A. No.289 of 2010 2 complainant and committed this offence. 5. On hearing both sides, considering the nature of the allegations made, I do not find any ground to grant anticipatory bail. Petition is dismissed. K. HEMA, JUDGE ln