IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Bail Appl..No. 7344 of 2008(C) ------------------------------------------ ( CRIME NO. 536/2008 OF ANCHALUMMOODU POLICE STATION) .................... PETITIONER/ACCUSED: ---------------------------------- SALAHUDEEN, S/O.LATE MUHAMMED ALI, M.S.MANZIL, ASEEFA MANZIL, KURAKKADA CHERRI, KIZHUVILAM VILLAGE, ATTINGAL. BY ADV. MR.JOHNSON GOMEZ. RESPONDENT: ---------------------- THE STATE OF KERALA, REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM THROUGH THE SUB INSPECTOR OF POLICE, ANCHALUMMOODU POLICE STATION. BY PUBLIC PROSECUTOR SRI. AMJAD ALI. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/02/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7344 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 13th day of February, 2009 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 498A IPC. According to prosecution, petitioner married de facto complainant on 13-3-2006 and at the time of marriage gold and money were given but petitioner demanded more money and gold and started harassing de facto complainant. Physical assaults were also made by him. 3. Learned counsel for petitioner submitted that petitioner's relatives were also implicated as accused in the complaint, but their names were deleted from the array of accused. Offence under section 323 IPC was also included on the allegation that petitioner's sister caught hold of de facto complainant and petitioner had slapped her, etc. and since these allegations were found to be incorrect, section 323 IPC was deleted. There is not much of dispute between the parties. The marriage took place only two years back. A child is also born in the wed lock. Though de facto complainant initiated proceedings against petitioner for divorce before the Family Court (vide Annexre-A), Jama-Ath of both parties intervened and settlement talk was made. This matter is likely to be settled, but if petitioner BA 7344/08 -2- is remanded, chances of settlement may be fizzled out and hence, in the interest of both parties, anticipatory bail may be granted, it is submitted. 4. Learned Public Prosecutor conceded that offence under section 323 IPC was deleted and the names of three other accused were deleted from the array of accused on finding that no such incident has happened and they had not committed any offence. 5. On hearing both sides, considering the submissions made, I find that on the basis of a complaint filed by de facto complainant which is partly untrue on major events, it may not be proper to refuse the prayer for anticipatory bail. Hence, the following order is passed:- (1) Petitioner shall surrender before the Magistrate Court concerned within seven days from today and 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 make himself available BA 7344/08 -3- for interrogation by the Investigating Officer as and when directed. ii) Petitioner shall not intimidate or influence any witness or commit any offence while on bail . This petition is allowed. K.HEMA, JUDGE. mn.