IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Bail Appl..No. 2406 of 2010() --------------------------------------- CRIME NO.191/2010 OF KUNNAMKULAM POLICE STATION, THRISSUR DT. ............. PETITIONER/ACCUSED -------------------- P.K.VELAYUDHAN, AGED 52 YEARS, S/O.DANDU, ANGOOR VILLAGE, THALAPPILLY TALUK. BY ADV. SRI.P.K.ANIL RESPONDENT(S): COMPLAINANT/STATE ---------------------------- 1. THE SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 2406 of 2010 ------------------------------------ Dated this the 6th day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 498 A of the Indian Penal Code. According to prosecution, de facto complainant was married by the petitioner on 28.01.1995 and a child was also born in the said wedlock. After the marriage, petitioner used to harass the de facto complainant physically and mentally and she was ousted from the house. The gold ornaments were also taken from the de facto complainant. 3. According to petitioner, de facto complainant was very hostile from the very beginning and she used to pick up quarrel with petitioner. On 28.01.1995 she pick up quarrel with the petitioner, demanding that the property should be transferred in her name. The petitioner did not meet the demand. Hence, a complaint was filed alleging offence under Section 498A and 324 of the Indian Penal Code. The earlier application for anticipatory bail was dismissed, since it was reported that no crime was registered against petitioner. Thereafter, the crime was registered. B.A. No. 2406 of 2010 2 4. This petition is opposed. Learned Public Prosecutor submitted that there are serious allegations against petitioner. Both physical and mental cruelty are alleged. It is also submitted that de facto complainant obtained residence order from the Magistrate Court under the D.V. Act. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, I am satisfied of the submissions made by the learned Public Prosecutor. Considering the serious nature of the allegations made, I am not inclined to grant anticipatory bail in a case of this nature. The F.I.R. was lodged as early as on 15.02.2010 and more than 5 months have elapsed. Petitioner is bound to surrender before the investigating officer or Court concerned and co-operate with the investigation without any delay. This petition is dismissed. K. HEMA, JUDGE ln