IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Bail Appl..No. 4158 of 2008(B) ----------------------------- CRL.MP.1277/2008 OF SESSIONS COURT, KOTTAYAM CRIME NO.303/2008 OF VAIKOM POLICE STATION. ................................. PETITIONER/ IST ACCUSED :- -------------------------------------------- SALI, S/O KESAVAN, KOLLERATHU HOUSE, VADAKKEMURI VILLAGE, VAIKOM. BY ADV. SRI.PHILIP T. VARGHESE SMT.A. SREEKALA RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I. OF POLICE, VAIKOM POLICE STATION. BY SRI. M. S. BREEZ,PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4158 OF 2008 ------------------------------ Dated this the 25th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 498(A) of the Indian Penal Code. The petitioner is the 1st accused in the crime. He married the defacto complainant on 07.11.2004. Thereafter, he along with his near relatives allegedly harassed the defacto complainant mentally and physically. 3. Learned counsel for the petitioner submitted that there are only vague allegations regarding the harassment. The matter was referred to the Lok Adalath and the case was taken up on 25.07.2008 and efforts were taken by Lok Adalath and the defacto complainant agreed to join the petitioner in 'karkidakom'. Though the case is posted after 'karkidakom', the defacto complainant did not turn up. There was also a suggestion to send the parties for a counseling to a Psychiatrist. But the defacto complainant is not turned up. On hearing both sides, I am satisfied that suitable directions B.A.4158 of 2008 2 can be issued in this case. Hence, the following order is passed: 1. The petitioner shall surrender before the Investigating Officer within seven days from today and make himself available for interrogation. 2. Thereafter, if the petitioner is arrested, he shall be produced before the Magistrate court concerned in accordance with law. 3. On production of the accused before the Magistrate court, if the petitioner filed an application for bail, he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions: (i) The petitioner shall report before the Investigating Officer as and when directed. B.A.4158 of 2008 3 (ii) The petitioner shall co-operate with the investigation. (iii) The petitioner shall not influence or intimidate any witness or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac