IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 Bail Appl..No. 5969 of 2008() ----------------------------- CRMP.2618/2008 of D.C. & SESSIONS COURT,KOLLAM CRIME NO. 360/2008 OF KUNNICODU POLICE STATION PETITIONER/ACCUSED NO.1 -------------------------------------------- BINU, S/O.GOPINAATHAPILLAI, BINDHU MANDHIRAM, CHAKKUVARACKAL, CHAKKUVARACKAL VILLAGE, KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM . 2. THE SUB INSPECTOR OF POLICE, KUNNICODU POLICE STATION, KOLLAM DISTRICT. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5969 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of September,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 323, 498A and 506(ii) read with section 34 IPC. According to prosecution, petitioner married defacto-complainant on 25-11-2007 and thereafter they were living together in the husband's house. Defacto-complainant was mentally and physically harassed by petitioner after getting drunk. On a complaint filed by defacto- complainant against petitioner and his mother, a crime was registered under the above said sections. 3. Learned counsel for the petitioner submitted that defacto-complainant left the matrimonial house stating that petitioner shall take a separate residence. Petitioner made earnest efforts to get her back and ultimately, a notice was sent as Annexure-I asking her to return to the matrimonial house. Thereafter, an original petition was filed for restitution of conjugal rights. In th reply notice defacto-complainant stated that she was prepared to come and live with petitioner provided he takes a separate residence. Therefore, it is submitted that the allegations of cruelty etc. are baseless and false. Petitioner apprehends BA 5969/08 -2- arrest on the basis of the above complaint. 4. Learned Public Prosecutor submitted that the case diary reveals that there are allegations that petitioner is a drunkard and he used to harass defacto-complainant physically and mentally. But, the case diary does not reveal any facts relating to proceedings for restitution of conjugal rights, reply etc. However, petitioner may be directed to surrender for interrogation and subject to this, he has no objection in granting anticipatory bail to the petitioner, it is submitted. 5. Hence, the following order is passed:- 1) Petitioner shall surrender before the Investigating Officer within seven days from today and in case he is arrested, he shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the arresting officer on the following conditions:- i) Petitioner shall make himself available for interrogation by the Investigating Officer as and when directed. ii) Petitioner shall co-operate with the investigation. BA 5969/08 -3- iii) Petitioner shall not commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.