IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Bail Appl..No. 5177 of 2008() ----------------------------- CRIME NO.532/2008 OF KASARAGOD POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ MOHAMMED RAFEEQUE T.S., S/O.ABDULLA SHAFI.T.A., MARHABA MANZIL, NELLIKKUNNU KADAPPURAM, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, (CRIME NO.532 OF 2008) KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5177 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of November,2008 O R D E R Petition for anticipatory bail. 2. According to prosecution, de facto complainant's brother-in-law and his nephew went to de facto complainant's house and assaulted her and committed offences under sections 452, 323, 354, 294(b) read with section 34 IPC. The offences were committed because de facto complainant ousted another brother's wife from the house. 3. Learned counsel for petitioner submitted that petitioner is 2nd accused in the crime. De facto complainant and accused are close relatives. There was some difference of opinion but the present allegations made are not correct. It is also submitted that matter is settled between the parties and hence, petitioner may be granted anticipatory bail. A compromise is also produced as Annexure-AIII. 4. Learned Public Prosecutor opposed this petition and submitted that in the nature of the allegations made, It is not fit to grant anticipatory bail. It is also submitted that the matter was referred to the Lok Adalath by this Court and it was sent back stating that there was no possibility of settlement. Though petitioner would claim that the matter was settled, there is no BA 5177/08 -2- information to the police regarding any such settlement. Since it was stated that the case was settled at the police station, this fact was ascertained and it is submitted that the matter was not settled. 5. On hearing both sides, I am not persuaded to act upon the alleged settlement. Considering the nature of the allegations made, I find that it is not fit to grant anticipatory bail. The offence was committed as early as on 22-7-2008 and the crime was registered on 23-7-2008. Petitioner is required for investigation. Petitioner is directed to surrender before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.