IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 Bail Appl..No. 5271 of 2008() ----------------------------- CRIME NO. 262/2008 OF CHANDERA POLICE STATION PETITIONER/ACCUSED:- ------------------------------------- V.RAJESHKUMAR, AGED 36 YEARS, S/O KUNHAMBU MASTER, SOUTHMANIYAT, MANIYAT VILLAGE, P.O. MANIYAT, THRIKARIPUR, KASARGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS: ------------- 1. STATE -REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR.NO. 262 OF 2008 OF CHANDERA POLICE STATION) KASARGOD DISTRICT. BY P.P. SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5271 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of August,2008 O R D E R Application for anticipatory bail. 2. The alleged offence is under section 498A IPC. According to prosecution, petitioner allegedly harassed defacto-complainant who is his wife, demanding dowry, etc. Petitioner did not allow her to share the bed and she was constrained to sleep in another room. In the week of March, 2008, defacto-complainant went back to her house and since then they are living separately. 3.Learned counsel for the petitioner submitted that defacto-complainant had a physical inability to consummate the marriage and hence she did not permit to have any physical relationship with petitioner. Doctors diagnosed the rigidity in sex and she was treated also for the complaint. After the marriage on 21-1-2007, till 18-3-2008 she was residing with the petitioner. She left the petitioner's house on 18-3-2008 and did not resume the cohabitation thereafter and hence on 14-7-2008 a lawyer's notice was sent to her. Thereafter on 2nd August, 2008 this complaint was filed making false allegations, it is submitted. Various medical records are produced as Annexure-II series, which would show BA5271 /08 -2- that she was examined by doctor and she was treated for inability to cohabit. Medical records issued on different dates from 28-2-2008 onwards are produced. 4. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner and hence the following order is passed:- Petitioner shall surrender before the Investigating Officer within seven days from the date of this order and, in the event of his arrest, if any, he 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 arresting officer on condition that he will co-operate with the investigation and make himself available for interrogation by the Investigating Officer as and when directed. The application is allowed as above. K. HEMA, JUDGE. mn.