IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 Bail Appl..No. 5149 of 2008() ----------------------------- CRIME NO.461/2008 OF PUNALUR POLICE STATION PETITIONER : ACCUSED ----------------------------------- KANNAN.P., S/O.K.PARTHAN, AKSHARA, SIVANKOVIL, PUNALUR. BY ADV. SRI.S.SREEKUMAR RESPONDENT: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5149 of 2008 ------------------------------------------------------- Dated this the 2nd day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 498(A) and 34 IPC. Petitioner is the husband of the defacto complainant. His parents and brother are also implicated as accused in the complaint. 3. Learned counsel for the petitioner submitted that the relationship between the petitioner and the respondent got strained and they were residing separately from 1.1.2008, since the petitioner failed to discharge his marital obligations. The only condition for marriage was that the bride shall reside with the husband at his residence or wherever he goes in connection with employment, but, after a few days of marriage, wife showed resentment and displeasure with the petitioner. The petitioner was forced to file a petition for divorce before the Family Court as O.P.(HMA) No.351/08 on 27.3.2008 after receipt of summons, Annexure I, complaint was filed on 1.6.2008 before the BA No.5149/08 2 Magistrate Court and it was forwarded to the police under Section 156(3) Crl.P.C. and a crime is registered. The petitioner is working as a Marine Engineer in Merchant Navy. After hearing both sides, petitioner and the defacto complainant were directed to appear before the Lok Adalath at High Court for settlement of the marital dispute. Though the defacto complainant was instructed, she did not turn up before the Adalath. The petitioner and counsel were present before the Lok Adalath. But, the case could not be taken up, since the defacto complainant failed to appear before the Adalath despite specific directions. 4. On hearing both sides, I find that anticipatory bail can be granted to the petitioner. Hence, the following order is passed: Petitioner shall surrender before the Judicial Magistrate of First Class-II, Punalur within seven days from today and if any bail application is filed, he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the BA No.5149/08 3 following conditions: (i) Petitioner shall make himself available for interrogation as and when directed by the Investigating Officer. (ii) Petitioner shall report before the Investigating Officer as and when directed and co-operate with the investigation. (iii) Petitioner shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl