IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Bail Appl..No. 3377 of 2008() ----------------------------- (CRIME NO.105/2008 OF BADIADKA POLICE STATION) PETITIONER/ 1ST ACCUSED ---------------------------------------- RAVISHANKAR BHAT M.K.,S/O.KRISHNA BHAT, MITTHA KOLIYOOR, KOLIYOOR.P.O., MANJESHWAR, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE SUB INSEPCTOR OF POLICE, BADIADKA POLICE STATION, KASARAGODE. 2. STATE REP;BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3377 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2008 O R D E R Application for anticipatory bail. 2. According to the prosecution, the petitioner harassed the defacto- complainant physically and mentally and committed cruelty on her after the marriage when they were living together for a period of eight months. Thereafter, he did not turn up when she delivered a child. Hence, a complaint was lodged, based on which, a crime was registered under sections 294(b), 323, 406, 498(a), 506 Part II read with section 34 IPC. 3. The learned Public Prosecutor submits that this is not a fit case to grant anticipatory bail. Taking into account the nature of the allegations made, it is not a fit case where the discretionary remedy can be granted, it is argued. 4. The learned counsel for the petitioner submits that the allegations in the complaint are vague and there is no assault. It is also pointed out that the co-accused who are the close relatives of the petitioner were granted anticipatory bail. BA 3377/08 -2- 5.On hearing both sides, I find it may not be proper to grant anticipatory bail to the petitioner who is the husband of the defacto- complainant against whom specific allegations are made about the various offences. Granting of anticipatory bail to other accused may not be a ground to grant the same relief to the petitioner. The petitioner can seek remedy before the trial court. Hence, the application is dismissed. K. HEMA, JUDGE. mn.