IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 Bail Appl..No. 4176 of 2008() ----------------------------- CRIME NO. 333/2008 OF ALATHUR POLICE STATION PETITIONER/ACCUSED ----------------------------------- SURESH BABU, S/O.KRISHNANKUTTY, MELATH HOUSE, VALAKKADU, MALAYAM, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.M.B.VIMALRAJ SRI.N.A.SHAFEEK RESPONDENT: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4176 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2008 O R D E R Application for anticipatory bail. 2. The alleged offence is under section 498A IPC. According to the prosecution, the petitioner married the defacto-complainant and she is his second wife, as per law. After the marriage, though the parties lived together for three months, the marriage was not consummated because of the petitioner. Some medicines were administered on her during nights by the petitioner and she was made to sleep. She was also physically and mentally harassed because of his incapacity. Therefore, complaint is filed alleging offence under section 498A IPC. 3. Learned counsel for the petitioner submitted that the marriage between the petitioner and the defacto-complainant was on 9-9-2006 and they started living separately since 4-7-2007. They had no connection with each other thereafter and the petitioner could not have committed any cruelty on the defacto-complainant and hence the allegations are false, it is submitted. BA 4176/08 -2- 4. This application is opposed. Learned Public Prosecutor submitted that on the facts of this case, particularly, the strange manner in which the offence committed, anticipatory bail may not be granted to the petitioner. Learned counsel for the petitioner submitted that the petitioner is prepared to abide by any conditions imposed by this Court and the petitioner will co- operate with the investigation. 5. On hearing both sides, it is clear that after the separation the petitioner is not maintaining the defacto-complainant. It is admitted that the petitioner is a legally wedded wife and it appears that the petitioner had not bothered even to enquire about the defacto-complainant or even maintain her. However, no purpose will be served by refusing anticipatory bail or putting the petitioner in jail. Instead anticipatory bail can be granted on conditions. 6. Under section 438 Cr.P.C., the court while making a direction under section 438(1), it may include such conditions in such direction in the light of the facts of the particular case, as it may think fit. I am satisfied that on the facts of this case, a condition has to be imposed to ensure that the petitioner maintains his wife, who appears to be neglected, at least after the separation. 7.Hence, the following orders are passed:- BA 4176/08 -3- 1. Petitioner shall surrender before the Investigating Officer within seven days from the date of this order and make himself available for interrogation. 2. Thereafter, if the petitioner is arrested, he shall be produced before the Judicial First Class Magistrate Court, Alathur and if any bail application is filed, the petitioner shall be released on bail on his executing a bond for Rs.25,000/- with solvent sureties each for the like amount to the satisfaction of the learned Magistrate on the following conditions:- i. The petitioner shall deposit before the above Magistrate Court Rs.500/- towards maintenance of the defacto-complainant, with effect from 9-7-2008 till the disposal of the case. It is made clear that the payment shall start from 9-7-2008 and it shall be paid on every month thereafter till the disposal of the case. ii.The petitioner shall co-operate with the investigation and appear before the Investigating Officer as and when directed. BA 4176/08 -4- iii. The petitioner shall not intimidate or influence any witness or witnesses while on bail and in case breach of this condition, bail is liable to be cancelled. The application is allowed as above. K. HEMA, JUDGE. mn.