IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Bail Appl..No. 4234 of 2010() ----------------------------- (CRIME NO.233/2010 OF KAKKUR POLICE STATION, KOZHIKODE) PETITIONERS/ACCUSED -------------------------------------- 1. MUJEEB RAHMAN,S/O.P.K.HASSAN, AGED 27 YEARS,PADINJARE KOROLOTH HOUSE, CHELAVOOR AMSOM AND DESOM,KOZHIKODE TALUK. 2. SAFIYA,W/O.P.K.HASSAN, AGED 50 YEARS, PADINJARE KOROLOTH HOUSE, CHELAVOOR AMSOM AND DESOM,KOZHIKODE TALUK. BY ADV. SRI.SANTHARAM.P RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,KOCHI-31. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.4234 OF 2010 -------------------------------- Dated this the 20th day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 341, 506(i), 498A r/w 34 IPC. According to prosecution, first accused married de facto complainant on 04/01/2009 and after the marriage, first accused and near relatives harassed de facto complainant. Second accused is the brother-in-law and third accused is the mother-in-law of de facto complainant. 3. Petitioners are the first and third accused. Learned counsel for petitioner submitted that the marriage was conducted by suppressing a material fact that de facto complainant was suffering from epilepsy which is incurable. After the marriage, she was taken to parental house for treatment on several occasions. On 02/12/2009, she was taken to the parental house for continuous treatment. 4. According to petitioner, he filed a petition for nullity of marriage (Annexure A1) on 21/05/2010. The present allegation is that after about 9 days, on 30/05/2010, he assaulted de facto complainant from his house. The allegations are absolutely false. After filing Annexure A1 petition before the Family Court for declaration of marriage as null and void, no person would go to his wife house, it is submitted. According to petitioner, the present B.A No.4234 OF 2010 2 complaint is filed on 04/06/2010 as a retaliation to the petition filed before the Family Court for nullity of marriage. 5. Learned Public Prosecutor submitted that as per the allegations on the complaint, de facto complainant was assaulted physically. But, it is conceded that the assault was allegedly made at the de facto complainant's parental house and there is no external injury as per the wound certificate issued. 6. On hearing both sides, considering the facts and circumstances discussed above, I am satisfied that anticipatory bail can be granted on conditions. Hence, the following order is passed. (1) Petitioner shall, in the event of his arrest, be released on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following condition: (i) Petitioner shall report before the Investigating Officer as and when directed and co-operate with investigation. (2) This order will be in force only for a period of 20 days from today. In the mean time, petitioner shall seek regular bail from the court concerned. Petition is allowed. vdv K.HEMA, JUDGE