IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Bail Appl..No. 5205 of 2008() ----------------------------- CRIME NO. 239/2008 OF CHANDERA POLICE STATION PETITIONER/ ACCUSED ------------------------------------ K.MOHANAN, AGED 40 YEARS, S/O.KORAN, KUNDARA HOUSE, P.O.ACHIKANAM. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: ------------- 1. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O, CHANDERA POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5205 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of September,2008 O R D E R Application for anticipatory bail. 2. The alleged offence is under section 498A IPC. According to prosecution, petitioner and defacto-complainant was married in 1986 and children are also born in the wed lock. They are now aged 13 and 19 years. Petitioner physically and mentally harassed defacto-complainant from her house and house of petitioner and he also re-married another woman. 3. Learned counsel for the petitioner submitted that the parties are living separately since 5-8-2004 onwards and petitioner had lodged a complaint before police as early as on 29- 10-2004. Thereafter, defacto-complainant had not returned to the matrimonial house. She left the house only because petitioner could not redeem the gold ornaments which were pledged by him. The allegation that petitioner tortured defacto-complainant is absolutely wrong. 4. The application is opposed. Learned Public Prosecutor submitted that petitioner remarried and there is no question of reunion now. Parties are Hindus. Defacto-complainant had appeared before the Lok Adalath, as per direction of this court, but petitioner failed to appear. BA 5205 /08 -2- 5.Taking into consideration the nature of the allegations made against petitioner, I do not think it fit to grant anticipatory bail. The opportunity given to petitioner to settle the matter was not availed off by petitioner. The application is dismissed. K. HEMA, JUDGE. mn.