IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5578 of 2008() ----------------------------- (CRIME APPLN.5578/08 OF PANOOR POLICE STATION) PETITIONERS/ ACCUSED NOS.2 TO 4 ------------------------------------------------ 1. ASMA,AGED 58 YEARS, D/O.MAMMOOTTY, SIRAJU MANZIL, P.O.CHOKLI, THALASSERY TALUK, NOW RESIDING AT SHERLI VILLA, P.O.PANNIYANNOOR, THALASSERY TALUK. 2. ZEENATH, AGED 36 YEARS, D/O.ASMA, "SHABNAM", RAMANATTUKARA, P.O.KOZHIKODE. 3. AYISHA, AGED 34 YEARS, D/O.ASMA, SIRAJU MANZIL, P.O.CHOKLI, THALASSERY TALUK, NOW RESIDING AT SHERLI VILLA, P.O.PANNIYANNOOR, THALASSERY TALUK. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA SRI.ARJUN SREEDHAR SRI.S.ANISH RESPONDENTS: COMPLAINANT & STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. BY ADV. SRI.P.M.HABEEB FOR DEFACTO COMPLAINANT THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------ Bail Appl.No.5578 of 2008 ------------------------------------------------ Dated this the 19th day of September, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 498(A), 323 read with Section 34 IPC. According to prosecution, the de facto complainant married the first accused and thereafter, they went to Qatar. The first accused ill-treated the de facto complainant by leaving her alone in the company of the friends, which was not liked by the de facto complainant. They came down to native place on 1.8.2008 in connection with the death of first accused' s father Thereafter, she left for her house and she was brought back to the first accused's house on 3.8.2008. She was brutally attacked by the first accused and the petitioners herein. She was hospitalised also. G.I. Pipe was used for assaulting her, it is submitted. 3. Learned counsel for the petitioner submitted that this is a falsely foisted case. The de facto complainant was pregnant while [B.A.No.5578/08] 2 she came down to the native place. She was medically advised to take rest. After the death of first accused's father, his mother was alone in the house and hence she was asked to stay back at the first accused's house. This was not liked by the de facto complainant and hence she filed this complaint, as instigated by her brother and uncle, who arranged the marriage, it is submitted. Petitioners are female members of the family and they have not committed any offence. It is also pointed out that wound certificate will show that no weapon was used as alleged. 4. This petition is opposed. Learned Public Prosecutor as well as the learned counsel for de facto complainant were heard. It was submitted by them that the allegations in the complaint reveal the specific role of the petitioners in the offence. It was pointed out that the wound certificate Annexure-I will disclose that the alleged assault was by husband, mother in law and the sister in law. The de facto complainant had sustained contusions and also fracture. In the nature of allegations made that the de facto complainant used to be left alone in the company of the first accused's friends while in Qatar also amounts to mental cruelty and the disputes mainly arose because of such activities of the first accused. Apart from this, there was demands for [B.A.No.5578/08] 3 dowry also, it is submitted. On hearing both sides, I do not find it a fit case to grant anticipatory bail. Allegations are made against petitioners also. Petition is dismissed. Sd/- K. HEMA, JUDGE. Krs.