IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Bail Appl..No. 6445 of 2008() ------------------------------- CRIME NUMBER NOT KNOWN OF VADAKKEKARA POLICE STATION .................... PETITIONER/ACCUSED: ------------------------------------ RAJENDRAN, S/O.KRISHNAN, CHEKKATHUKATTIL VEEDU, MANAKKODAM MURI, CHANDAMANGLAM, PARUR (NOW JOSEPH RAJU AFTER CHANAGING HIS RELIGION). BY ADV. SRI.M.G.DEVIPRASADAN RESPONDENTS/COMPLAINANT: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, NORTH PARUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VADAKKEKARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6445 OF 2008 ------------------------------ Dated this the 21st day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 498 A of I.P.C. According to prosecution, the defacto complainant is the wife of the petitioner. He started ill-treating petitioner, demanding sale of 50 cents of property standing in the name of defacto complainant and he physically and mentally harassed her. 3. Learned counsel for the petitioner submitted that petitioner and defacto complainant were married in the year 1994 and they have two children in the wedlock. They are living in the same house. But, defacto complainant insisted that the property should be sold, for which the petitioner is not willing. A suit is pending between the petitioner and the defacto complainant in the civil court. She filed a false complaint before police and the petitioner was called to the police station. Thereafter another false complaint was filed before the police stating that he attempted to assault her and thereafter the B.A.6445 of 2008 2 police is asking him to go to the police station and hence petitioner may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the petitioner is guilty of mental and physical harassment. The defacto complainant on one occasion was even hospitalised because of the assault on her by the petitioner. It is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, considering the nature of allegations made, I am not inclined to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE pac