IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 Bail Appl..No. 3470 of 2008() ----------------------------- CRIME NO.589/08 OF VADAKARA POLICE STATION PETITIONER ----------------- MOHAMMED KUTTY, AGED 39 YEARS S/O.MAMMY, CHERUVARA, KANMANAM DESAM, VADAKARA BY ADV. SRI.C.V.MANUVILSAN SRI.SYAM J SAM RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, VADAKARA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3470 of 2008 ----------------------------------------- Dated this the 5th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. A crime is registered against the petitioner under Sections 406 and 498A of Indian Penal Code on a complaint filed by his second wife. According to prosecution, the petitioner has mentally and physically tortured the defacto complainant demanding dowry. 3. This petition is opposed. According to learned Public Prosecutor, serious allegations are made against the petitioner. Learned counsel for petitioner submitted that except bare allegations, there is nothing to support the same. Though physical harassment is stated, no injury is actually sustained by the petitioner. According to him, he had questioned the defacto complainant and warned her about the immoral ways of life that she was leading. 4. It is submitted that she was divorced by her earlier husband, alleging that she was leading an immoral life. But the petitioner, who is a friend of the defacto complainant's brother, married her only to help the family. The petitioner is totally innocent of the allegations made and this case is foisted against him BA.3470/08 2 only to harass the petitioner. On hearing both sides, I find that the following directions can be given: i) Petitioner shall surrender before the investigating officer and in the event of his arrest, he shall be produced before the Magistrate Court concerned. ii) On production of the accused and if any bail application is filed, Learned Magistrate shall release the petitioner on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the court on condition that the petitioner shall report before the investigating officer as and when directed by him. This petition is allowed. K.HEMA, JUDGE vgs.