IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Bail Appl..No. 6098 of 2008() ----------------------------- CRIME NO.605/2008 OF KASARAGOD POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- HANEEFA.B.M, S/O.B.A.MOIDU(LATE), BAMBRANI NAGAR, CHERKALA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6098 of 2008 ------------------------------------------------- Dated this the 14th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 323 and 498A of IPC. According to prosecution, petitioner is the husband of the defacto complainant. They were married in the year 1993 and while they were living together, petitioner ill-treated the defacto complainant both physically and mentally and hence, the complaint was filed. 3. Learned counsel for the petitioner submitted that the defacto complainant left the matrimonial house in the year 2005 and a notice was issued as Annexure A1 for restitution of conjugal rights. In the reply sent by the defacto complainant vide Annexure A2, no allegations were made regarding matrimonial cruelty. Later, a petition for anticipatory bail was filed before the Sessions Court and in Annexure A3 order, it was reported that no case was registered against the petitioner. Hence, petitioner may be granted anticipatory bail, it is submitted. 4. This petition is opposed. It is submitted by learned public prosecutor that the documents produced by the petitioner BA No.6098/08 2 themselves will reveal that there was clear allegation of matrimonial cruelty and such allegations were made in Annexure A2 reply notice sent on behalf of the defacto complainant. As per the allegations in Annexure A2, petitioner was attached to a singer group and he was allegedly bringing ladies to the house and he was having also an extra marital relationship with other women and even the name of the lady was mentioned in the notice. Similar allegations are made in the complaint also; he was also assaulting the defacto complainant and demanding money etc. 5. On hearing both sides and on considering the nature of allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. The crime is registered as early as on 1.9.2008 and petitioner has not been so far available for investigation. Hence, petitioner is directed to surrender before the Investigating Officer within seven days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE csl