IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 Bail Appl..No. 6146 of 2008() ----------------------------- CRMP.1828/2008 of DISTRICT COURT, KALPETTA CRIME NO. 372/2008 OF SULTHANBATHERY POLICE STATION PETITIONER (S): -------------------- T.V.SAJU, 39 YEARS, S/O.VARGHESE THANATTUKUDI HOUSE, R/AT.KARIVALIKUNNU MOOLANKAVU POST, KUPPADI VILLAGE, SULTHANBATHERY TALUK. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.N.RAJAN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, SULTHANBATHERY CR.NO.372/2008, OF SULTHANBATHERY POLICE STATION REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P. P. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6146 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 498A, 341, 324 read with section 34 IPC. According to prosecution, petitioner and his mother (A1 and A2) used to ill-treat de facto complainant. Petitioner even assaulted de facto complainant demanding dowry and more money. On 18-8-2008 she sustained injury, since he attacked her and she left the matrimonial house. 3. Learned counsel for petitioner submitted that the allegations are false and the parties were living together happily. But, on 18-8-2008, de facto complainant came back from her house leaving the younger child aged four years in her house. Petitioner wanted her to call her brother to bring back the child and he gave a mobile phone to her. It was thrown down by her and broken and thereafter, de facto complainant left the house, and filed the complaint. 4. This case had been referred to the Lok Adalath at High Court for settlement of the matrimonial dispute. But, the Lok Adalath sent back the records, since settlement could not be effected. BA 6146 /08 -2- 5. Learned Public Prosecutor submitted that in the nature of the allegations it may not be proper to grant anticipatory bail. On hearing both sides and on considering the nature of the allegations, I am satisfied that this is not a fit case to grant anticipatory bail. The matter could not be settled at the Lok Adalath also, though a chance was given. The crime was registered as early as on 19-8-2008 and petitioner was not available for arrest. Hence, petitioner is directed to surrender before the Investigating Officer within seven days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.