IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 4815 of 2008(B) ------------------------------------- CRIME NO.555/2008 OF ADOOR POLICE STATION PETITIONERS/ACCUSED 1 TO 4 : ---------------------------------------- 1. UDAYABHANU, VISHNU NIVAS, THENGAMAM, ADOOR. 2. USHA, VISHNU NIVAS, THENGAMAM, ADOOR. 3. OMANA, VISHNU NIVAS, THENGAMAM, ADOOR. 4. BHASKARAN, VISHNU NIVAS, THENGAMAM, ADOOR. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.4815 of 2008 ------------------------------------------------- Dated this the 26th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 498(A) and 34 IPC. According to prosecution, first petitioner and the defacto complainant were married on 27.4.2008 and they lived together as husband and wife. The defacto complainant was residing in the house of the elder brother of the first accused. The first accused was having illicit relationship with the second accused who is none other than the wife of his elder brother. He started demanding dowry and money also and the defacto complainant was even assaulted by the first accused. She was harassed by the second accused and her parents also. 3. Learned counsel for the petitioners submitted that the petitioners are innocent of the allegations made. Petitioners 2 to 4 are residing separately from the first accused. Petitioners 3 and 4 are the parents of the second accused. The allegations are false, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that there are clear allegations of mental and physical harassment at the hands of the accused nos.1 and 2. The defacto BA No.4815/08 2 complainant was assaulted on 11.7.2008 and she was hospitalised and she had sustained injuries. She had lodged the complaint on the very next day. However, learned public prosecutor submitted that the third and the fourth petitioners are deleted from the array of the accused. This submission is recorded. 5. On hearing both sides, I find that the marriage lasted only for less than three months. As far as the third and the fourth accused are concerned, prayer for anticipatory bail has become infructuous. The nature of allegations made against first accused are serious in nature. Hence, I am not inclined to grant anticipatory bail. 6. The crime was registered as early as on 12.7.2008 and the first and the second accused have not been available for arrest. For the purpose of investigation, their presence will be required. 7. Hence, I direct accused nos. 1 and 2 to surrender before the Investigating Officer or appear before the Magistrate Court concerned within seven days from today. With this direction, this petition is dismissed. K.HEMA, JUDGE csl