IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 Bail Appl..No. 5820 of 2008() ----------------------------- CRMP.NO.1676/2008 OF SESSIONS COURT, KALPETTA CRIME NO.214/2008 OF MEENANGADI POLICE STATION .................... PETITIONER/IST ACCUSED: ------------------------------------------ SANTHOSH @ SKARIA, S/O.GEORGE, AGED 33 YEARS, VALIYAPARAMBIL HOUSE, RESIDING AT MYLAMBADI, MYLAMBADI POST, PURAKKADI VILLAGE, S.BATHERY TALUK. BY ADV. SRI.M.T.BALAN SMT.B.VIJUBALA RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MEENANGADI POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5820 OF 2008 ------------------------------ Dated this the 30th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 498(A) read with Section 34 of I.P.C. According to the prosecution, the defacto complainant was allegedly harassed physically and mentally by the petitioner, her husband, while she was residing in the matrimonial house. On 07.08.2008, she was assaulted by the petitioner at her parents house. The petitioner along with his father and mother, went to the house of the defacto complainant and assaulted her, is the allegation. 3. Learned counsel for the petitioner submitted that the petitioner and the defacto complainant were living together, as husband and wife, after the marriage in his house. But the defacto complainant had some mental problems, and she was under the treatment in the hospital as outpatient. Because of the mental problems, she used to leave the house of the petitioner very often, without taking his permission and this became an B.A.5820 of 2008 2 issue, and the church authorities intervened and the matter was settled. Annexure 3 is an agreement executed in their presence. It is clear from the said agreement that the defacto complainant used to leave the house of the petitioner and hence a condition was imposed that she shall go to her house, only with the permission and knowledge of the petitioner. 4. Annexure 2 is the O.P. ticket issued to the defacto complainant on 04.08.2008. It is also submitted that no injury was sustained by the defacto complainant in the alleged assault, which has taken place on 07.08.2008. No incident had, in fact, happened, but she insisted for admission in a hospital as it is clear from the wound certificate. It is stated therein that she was admitted in the hospital, only at her request, though there was no external injury. 5. Learned Public Prosecutor conceded that there was no external injury on the defacto complainant as per the wound certificate and still she was admitted, since she insisted for admission. On hearing both sides, I am satisfied that anticipatory bail B.A.5820 of 2008 3 can be granted to the petitioner and hence the following order is passed. The petitioner shall surrender before the Magistrate court concerned within seven days from today and if any bail application is filed, he shall be released on bail, on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions: (i) The petitioner shall make himself available for interrogation by the police as and when directed. (ii) The petitioner shall co-operate with the investigation. (iii)The petitioner shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac