IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 Bail Appl..No. 3542 of 2010() ----------------------------- CRIME NO.393/10 OF MATHILAKAM POLICE STATION, THRISSUR DIST. (S): PETITIONER/ACCUSED -------------------------------------- P.K.NIZARUDEEN, S/O.KHADER, PARIPPUKULAM HOUSE, MATHILAKAM .PO., MATHILAKAM. BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MATHILAKAM POLICE STATION, THRISSUR DISTT. THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3542 of 2010 ---------------------------------------------- Dated 18th June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 498A read with Section 34 of the Indian Penal Code. According to prosecution, petitioner and defacto complainant were married on 21.5.2000 and they were living as husband and wife. After marriage, petitioner and his close relatives started harassing defacto complainant physically and mentally and thereby committed the various offences. 3. Learned counsel for petitioner submitted that marriage was in the year 2000 and petitioner was working abroad since 2005. In the year 2005, petitioner took defacto complainant to Gulf country and they were living together as husband and wife. But, defacto complainant met with an accident and she sustained injuries and she obtained a compensation of Rs.8 lakhs. Using this amount and the money earned by petitioner, a business was started by petitioner in the name of defacto complainant. The business flourished and defacto complainant wanted to separate from the petitioner. There are no issues in the marriage. In such circumstances, false allegations are made against petitioner and a BA NO.3542/10 2 complaint is filed before the Magistrate Court by defacto complainant. After filing the complaint, she has gone to Gulf country and this complaint is filed only to harass the petitioner, it is submitted. 4. It is pointed out by learned counsel for petitioner that falsity will be revealed from the allegations made with regard to the accident which occurred. As per the allegations made, in the year 2005, defacto complainant was pushed down by petitioner on the road in front of a vehicle, deliberately and she sustained injuries in the accident. Still, petitioner and defacto complainant had lived together in Gulf country until 2009 and she returned to India only on 2.12.2009. Petitioner is an epileptic patient and now a head surgery is suggested to him and it has to be done on 23.7.2010. Defacto complainant wants to get rid of petitioner and escape from the responsibility and that is why present complaint is filed. 5. It is also submitted by learned counsel for petitioner that though marriage was conducted in the year 2000 and petitioner and his wife were residing together as husband and wife continuously for a period of four years in abroad, an BA NO.3542/10 3 allegation is made by her in the complaint that because of the epilepsy, petitioner is incapable of any sexual act. This allegation is coming for the first time, after nine years of marriage. 6. On hearing both sides and on going through the case diary, and taking into consideration the peculiar facts and circumstances of the case and Annexure A, I am satisfied that anticipatory bail can be granted to petitioner. Hence, the following order is passed : (1) Petitioner shall surrender before the Magistrate Court concerned within seven days from today. (2) On such surrender, he shall be released on bail, on his executing bond for Rs.10,000/- (Rupees ten thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on condition that he will co- operate with the investigation. Petition is allowed. K.HEMA, JUDGE. tgs