IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Bail Appl..No. 74 of 2010() -------------------------------------- CRIME NO.661/2009 ATTINGAL POLICE STATION. ........ PETITIONER/IST ACCUSED -------------------------- BINU, AGED 37 YEARS, S/O.LATE VIJAYAN, BINU NIVAS, EDAKODE VILLAGE, AVANAVANCHERRY, ATTINGAL, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.J.JAYAKUMAR RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, ATTINGAL, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J. --------------------------- B.A. No. 74 of 2010 ------------------------------------ Dated this the 21st day of May, 2010 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. According to prosecution, petitioner married de facto complainant in the year 2003 and she was treated cruelty by petitioner as well as his close relatives and a complaint was filed before Magistrate Court and crime was registered on reference to the police under Section 156(3) of the Cr.P.C. 3. Learned counsel for petitioner submitted that earlier a complaint was filed by de facto complainant before the police and anticipatory bail application was filed as per Anenxure-3 order. This court dismissed the petition recording the submission of learned Public Prosecutor that there is no intention to arrest etc. Subsequently, a private complaint was filed. It is also submitted that petitioner had filed a complaint against de facto complainant's father, since he came to his house on a particular day and asked the petitioner's mother to B.A. No. 74 of 2010 2 hand over the key of the house and when key was handed over, the house was locked from outside. On the next day of the filing of the complaint de facto complainant made the present false allegations against petitioner and filed the complaint to the police. Petitioner's sister is practising as a lawyer, she had applied for the post of Munsiff-Magistrate in Kerala State Judicial Service and it is to harm her that the complaint was filed. 4. Learned Public Prosecutor submitted that there are serious allegations in the complaint that petitioner inflicted cruelty on her, along with his relatives. He had even locked de facto complainant's father inside a room in the petitioner's house and she was ousted from the house forcibly. This is not a fit case to grant anticipatory bail on the facts and circumstances of the case, it is submitted. 5. On hearing both sides and on going through the documents, I find that there are some serious allegations against the petitioner. It is alleged in the complaint that the B.A. No. 74 of 2010 3 petitioner's name was published by petitioner in a obscene blog and she used to get obscene messages in her e-mail address from petitioner and thereby he was harassing her. On going through the complaint and considering the facts and circumstances of the case, I find that this is not a fit case to grant anticipatory bail to the petitioner. This petition is dismissed. K. HEMA, JUDGE ln