IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Bail Appl..No. 212 of 2009() ---------------------------- CRMP.2709/2008 of DISTRICT COURT, KASARAGOD CRIME NO.740/08 OF HOSDURG POLICE STATION PETITIONER/ACCUSED -------------------------------------- K.P.AHAMMED, AGED 50 YEARS, S/O.MOIDU, K.P.HOUSE, KALLOORAVI, P.O.KANHANGAD, HOSDURG VILLAGE AND TALUK. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 212 of 2009 ----------------------------------------- Dated this the 13th February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 498A of the Indian Penal Code. According to prosecution, petitioner and de facto complainant were married on 25.9.2005. After the marriage, petitioner used to drink and harass de facto complainant and on 19.11.2008 she was beaten by petitioner demanding more dowry. Therefore, she has filed a complaint. 3. This case was referred to the Lok Adalath for settlement. Though de facto complainant appeared, petitioner did not appear and hence, the matter could not be settled at the Lok Adalath. 4. Learned counsel for petitioner submitted that there is no much problem between petitioner and de facto complainant, but it is only because of father-in-law that the complaint is lodged. 5. This petition is opposed. Learned Public Prosecutor submitted that this is not a fit case to grant anticipatory bail. BA.212/09 2 6. On hearing both sides, considering the serious nature of allegations made and taking into account the conduct of petitioner in not co-operating with the proceedings in the Lok Adalath, I am satisfied that this is not a fit case to grant anticipatory bail. The crime is registered as early as on 3.12.2008 and petitioner is required for investigation. Hence the following order is passed: (1) Petitioner shall surrender before the investigating officer and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. (2) No further application for anticipatory bail by petitioner in this crime will be entertained by this Court. Petition is dismissed. K.HEMA, JUDGE vgs.