IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Bail Appl..No. 5095 of 2008() ----------------------------- CRIME NO. 200/2008 OF THE AREEKKODU POLICE STATION, MALAPPURAM PETITIONER : ----------------- V.RAJAN, VASANTHASADNAM, KANNIMALA P.O. ERUMELI. BY ADV. SRI.V.K.SUNIL RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (THROUGH THE S.I. OF POLICE, AREEKKODU POLICE STATION) BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5095 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of August, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 498A, 406 and 323 IPC. According to prosecution, defacto-complainant, who is the wife of the petitioner ill-treated her both physically and mentally after the marriage on 12-4-2007. The defacto-complainant attempted to be murdered by pouring kerosene on the body. All these were done on demand of more money from the defacto-complainant's family. 3. Learned counsel for the petitioner submitted that both the petitioner and the defacto-complainant had their second marriage. The petitioner is having a child. The marriage was not consummated because of the mental problem of the defacto-complainant. Hence, the petitioner filed a divorce petition. This complaint is counter-blast to the said petition. 4. The application is opposed. Learned Public Prosecutor submitted that the case diary reveals several incidents of physical and mental harassment on the defacto-complainant by the petitioner. She was mentally and physically harassed by the petitioner and it is not fit to grant anticipatory bail in a case of this nature. 5. On hearing both sides and on considering the facts and BA 5095/08 -2- nature of the allegations made against the petitioner, I find that it is not fit to grant anticipatory bail. The application is dismissed. K. HEMA, JUDGE. mn.