IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Bail Appl..No. 5831 of 2008() ----------------------------- CRIME NO. 344/2008 OF BEKAL POLICE STATION PETITIONER/IST ACCUSED ----------------------------------------- MOHAMMED ASLAM, AGED 35 YEARS, S/O.ABDUL RAHIMAN, RESIDING AT AYSHA MANZIL, CHETTIKUNDU, CHITTARI VILLAGE. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING S.H.O.BEKAL POLICE STATION. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5831 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 498A, 354, 323, 506 read with section 34 IPC. According to prosecution, petitioner married de facto complainant and he was working abroad. Both of them were living together abroad. He was given Rs.2 lakhs and 45 sovereigns of gold ornaments at the time of marriage. Thereafter, petitioner demanded de facto complainant's share in the property and ill-treated her. She came back to India. When she was living in the petitioner's residence, she was molested by his own brother (A2) and she was also assaulted by him. Accused 3 and 4 another brother and sister also ill-treated her. 3. Learned counsel for petitioner submitted that petitioner was working abroad and the only allegation made against him is that he demanded de facto complainant's share in the property. The allegations of assault, molestation, etc are not made against petitioner. There are only vague allegations against petitioner. Anticipatory bail was granted to accused 3 and 4. De facto complainant had filed a petition before the Women Cell and BA 5831/08 -2- the matter was settled at the Women cell and thereafter, this complaint is field before the Magistrate Court. 4. Learned Public Prosecutor submitted that serious allegations are made against 2nd accused who molested de facto complainant when her husband was away at abroad. Petitioner may be directed to surrender before the Investigating Officer and co-operate with the investigation and subject to that, he has no objection in granting anticipatory bail to petitioner. But the case against petitioner stands at a different footing than 2nd accused, it is submitted. 5. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor and anticipatory bail can be granted to petitioner. 6. Hence, the following order is passed:- (1) Petitioner shall surrender before Investigating Officer within seven days from today and make himself available for interrogation. (2) Thereafter, in the event of his arrest, if any, he shall be produced before the Magistrate court concerned in accordance with law. (3) On production of petitioner before the learned BA 5831/08 -3- Magistrate, and if any bail application is filed, petitioner 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 learned Magistrate, on the following conditions:- i) Petitioner shall report before the Investigating Officer as and when directed. ii) Petitioner shall not intimidate or influence any witness or commit any offence while on bail iii) Petitioner shall co-operate with the investigation. This petition is allowed. K.HEMA, JUDGE. mn.