IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 Bail Appl..No. 3747 of 2008() ------------------------------------ PETITIONER/ACCUSED: ---------------------------------- NOUSHAD, AGED 32, S/O. ABDUL SALAM, KUDAPPANAKKUNNEL HOUSE, VALLAKKADAVU.P.O, VANDIPERIYAR. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3747 of 2008 ----------------------------------------- Dated this the 18th day of June, 2008 O R D E R This application is for anticipatory bail. 2. The alleged offence is under section 498(A) IPC. Petitioner is the husband of the defacto complainant. 3. Learned counsel for the petitioner submitted that the petitioner was residing ever since the marriage in the defacto complainant's house. Her parents are no more. But he wanted to reside in his parents house on account of his employment, but she was not willing for the same. In spite of persuasion, she was not prepared to live in petitioner's parental house. Therefore he left the house of the defacto complainant and this motivated the defacto complainant to file the present complaint. Mediations are going on and it is likely that the matter will be settled, it is submitted. Hence, if anticipatory bail is not granted, the chance for re-union may be blocked. On hearing both sides I am satisfied that anticipatory bail can be granted and the following order is BA 3747/08 2 passed:- 1. The petitioner is directed to surrender before the Investigating Officer within 7 days from the date of this order and make himself available for interrogation. 2. The petitioner shall be produced before the Magistrate Court concerned, in the event of his arrest, in accordance with law. 3. On production of the petitioner before the learned Magistrate and if bail application is moved, the petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on condition that the petitioner shall report before the Investigating Officer as and when directed and co-operate with the investigation. The application is allowed. K.HEMA, JUDGE pac.