IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Bail Appl..No. 7337 of 2008() ----------------------------- (CRIME NO. 807/2008 OF KASARAGOD POLICE STATION) PETITIONER/ACCUSED NOS.1 TO 4 ------------------------------------------------- 1. RAFEEQ KOLIYAD, S/O.LATE UMMER, AGED 32 YEARS, KOLIYAD HOUSE, THALANGARA VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. 2. SAFIYA, W/O.LATE UMMER, AGED 48 YEARS, KOLIYAD HOUSE, THALANGARA VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. 3. MUMTHAZ, W/O.ANWAR, AGED 30 YEARS, PARANGIPETTA, MANGALORE, KARNATAKA STATE. 4. ABDUL KHADER, S/O.LATE IBRAHIM, AGED 50 YEARS, MISSINI HOUSE, KHAZI LANE, THALANGARA VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, KASARAGOD POLICE STATION. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 7337 of 2008 --------------------------------------------------- Dated this the 6th day of February, 2009. ORDER Petition for anticipatory bail. 2. The alleged offence is under Section 498-A read with Section 34 of IPC. According to prosecution, petitioners allegedly harassed de facto complainant by demanding more money and gold. 3. Learned counsel for petitioners submitted that marriage between first petitioner and de facto complainant took place on 19.9.2005 and first petitioner was working abroad and at that time de facto complainant was residing in her parents' house. When she came back, she showed some discontent and refused to stay in first petitioner' house. He took all efforts to bring her back to his house and and filed O.P.226/2008 before the Family Court for restitution of conjugal rights. Only after receiving notice, she filed the present complaint making false allegations. Petitioners are absolutely innocent of the allegations made, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that a sum of Rs.2 lakhs and 50 sovereigns of gold were given by the de facto complainant at the time of marriage and thereafter more demands were made for Rs.50,000/- and 15 sovereigns of gold and also a motor cycle. Since de facto complainant could not give the amount, she was harassed by the husband and his family members. [B.A.No.7337/08] 2 5. After the delivery of child, neither de facto complainant nor the child was looked after by first accused and she was not maintained also. 6. The de facto complainant and the child came to the matrimonial home on her own. Then the 2nd and 3rd petitioners, who are mother-in-law and sister-in-law of first petitioner did not permit her to enter the house. Fourth petitioner, who is the brother-in-law even molested her while she was residing in the house. In such circumstance, this is not a fit case to grant anticipatory bail, it is submitted. 7. On hearing both sides, I am satisfied that the allegations made against petitioners are serious in nature and in a case of this nature, I am not inclined to invoke the provision under Section 438 Cr.P.C. No special circumstances is pointed out to grant anticipatory bail. The crime was registered as early as on 6.11.2008 and petitioners are required for investigation. Hence, the following order is passed: 1) Petitioners shall surrender before the investigating officer or Magistrate court concerned, without delay and co-operate with the investigation. Whether they surrender or not, the police is at liberty to arrest them and proceed in accordance with law. 2) No further application for anticipatory bail by the petitioners in this crime will be entertained by this Court. Petition is dismissed. K. HEMA, JUDGE. Krs.