IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Bail Appl..No. 925 of 2010 PETITIONER/ACCUSED -------------------------------------- SINEESH K.J., S/O.JOSEPH, KALLASSERY HOUSE, OCHANTHURUTHU, PUTHUVAIPPU P.O., ERNAKULAM DISTRICT. BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PUSHPAM, D/O.PHILOMINA, KATTIKKATTU, FORT KOCHI, VELI P.O. PUBLIC PROSECUTOR SRI.I.V.PROMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 925 OF 2010 ------------------------------------------------------ Dated this the 15th day of March, 2010 O R D E R When the Bail Application came up for hearing on 2nd March, 2010, the following order was passed: “The petitioner apprehends arrest by Fort Kochi Police on the basis of a petition filed by his wife or his father in law, alleging the offence under Section 498 A of the Indian Penal Code. 2. The learned Public Prosecutor submitted that on 6/2/2010, the father-in-law of the petitioner had filed a petition before the Sub Inspector of Police, Fort Kochi Police Station, narrating the cruelty meted out by the petitioner towards his wife. It is also pointed out in the petition that on previous occasions also there were such instances and the matters were settled before the police on several occasions. Even now, the harassment continues, says the father in law of the petitioner. 3. The learned Public Prosecutor submitted that the petitioner and the daughter of the de facto complainant were called to appear before the Sub Inspector of Police. But the petitioner did not appear. B.A. NO. 925 OF 2010 :: 2 :: 4. The learned counsel for the petitioner submitted that the petitioner is prepared to appear before the Sub Inspector of Police, Fort Kochi Police Station and to see that the matter is settled between the petitioner and his wife. The only prayer made by the petitioner is that till the matter is considered further by this Court, he may not be arrested. 5. Accordingly, there will be a direction to the petitioner to appear before the Sub Inspector of Police, Fort Kochi Police Station on 8th and 9th March, 2010, on the basis of the petition filed by the father in law of the petitioner on 6/2/2010. 6. Post on 15/03/2010. The question whether the petitioner should be granted anticipatory bail will be considered only after it is seen that the petitioner has taken a positive response in the matter.” 2. It is submitted by the learned counsel for the petitioner that the petitioner appeared before the Sub Inspector of Police, Fort Kochi on the dates mentioned in the order dated 2.3.2010. B.A. NO. 925 OF 2010 :: 3 :: 3. The learned Public Prosecutor submitted that no crime is registered against the petitioner on the basis of the petition filed by the father-in-law of the petitioner or the wife of the petitioner and that there is no intention to arrest the petitioner. This submission is recorded and the Bail Application is closed. (K.T.SANKARAN) Judge ahz/