IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Bail Appl..No. 7846 of 2008() --------------------------------------- CRIME NO.706/2008 OF HOSDURG POLICE STATION .......... PETITIONER (S): / ACCUSED ------------------------- KHALID.B, S/O MOHAMMED KUNHI, RESIDING AT KADAVATH, NORTH CHITHARI, P.O.CHITHARI. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA REP.BY P.PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7846 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 498A IPC. According to prosecution, petitioner was harassing de facto complainant and he was neglecting and refusing to maintain her and children. 3. Learned counsel for petitioner submitted that marriage between petitioner and de facto complainant took place in the year 1986 and they have seven children in the wedlock. Petitioner's daughters used to go to neighbour's house and this was not liking of the petitioner and hence, he objected to this. Because of this, the neighbour instigated de facto complainant to lodge a complaint like this. Therefore, he may be granted anticipatory, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that de facto complainant and children are residing in the house, which stands in the name of petitioner. He was neglecting and not maintaining the wife and children and he also made arrangement to sell the property where de facto complainant and children are residing. The complaint was BA 7846/2008 -2- lodged in that context. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, on the facts of this case, considering the nature of allegations made, I do not think it fit case to grant anticipatory bail. No special circumstance is pointed out to grant anticipatory bail. Therefore, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.