IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Bail Appl.No. 2184 of 2008() ----------------------------- PETITIONER : --------------- MARTIN, 39 YEARS, S/O.GEORGE, ANJANAPPULLI, JAYA KERALA STOP, S.N.D.P., VALAM ROAD, EDAYAKKUNNAM, CHITTOOR P.O., ERNAKULAM DIST. BY ADV. SRI.S.SUDHISH KUMAR SRI.K.B.DAYAL SRI.SIBI KARUN RESPONDENTS: ---------------- 1. SMT.SHYNI MARY, 32 YEARS, D/O.FRANCIS, MANDEZHATH, THAMMANAM P.O., ERNAKULAM. 2. SHAJI KULIYATH, KULIYATH VEEDU, NEAR ST.JAMES CHURCH, EDAYAKUNNAM, CHITTOOR P.O., ERNAKULAM. 3. THE STATION HOUSE OFFICER, CHERANALLOOR POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2184 OF 2008 ```````````````````````````````````````````````````` Dated this the 8th day of April, 2008 O R D E R Application for anticipatory bail. Petitioner is the husband of the 1st respondent. He apprehends arrest on the allegation that he has committed non-bailable offences against respondents 1 and 2. The 2nd respondent is allegedly the paramour of the 1st respondent. They had illicit relationship and a complaint has been filed by the petitioner before the matrimonial court alleging adulterous behaviour by respondents 1 and 2. That petition is pending. The petitioner apprehends that the 3rd respondent may arrest the petitioner on the allegation that he has committed non-bailable offences against respondents 1 and 2. 2. The learned Public Prosecutor, after taking instructions, submits that no crime has been registered against the petitioner on the complaint of either the 1st respondent or the 2nd respondent. The 1st respondent has raised allegations against her husband, the petitioner herein, BA.2184/08 : 2 : in a petition filed by her. The 2nd respondent has raised allegations of refusal to return amounts by the petitioner in another petition filed by him. On the basis of both petitions, no crime has been registered. Police have no intention to register any crime or arrest the petitioner on the basis of the said petitions. In these circumstances, the apprehension of the petitioner is without any basis, submits the learned Public Prosecutor. The learned Public Prosecutor undertakes that if the petitioner were to be arrested in future on the allegation that he has committed non-bailable offences against respondents 1 and 2 prior to this day, prior notice shall be given to the petitioner and prior permission of this Court shall be taken before any such arrest is effected. 3. I take note of, hereby record and accept the submissions/undertaking of the learned Public Prosecutor. The apprehension of the petitioner is, in these circumstances, found to be without any merit. This petition is accordingly dismissed. (R.BASANT, JUDGE) aks