IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 Bail Appl..No. 5891 of 2008() ----------------------------- OP.153/2008 of FAMILY COURT, MALAPPURAM CRIME NO.125/08 OF PULPALLY POLICE STATION PETITIONER ----------------- SAJI WILLIAMS, S/O.WILLIAMS.K.S., AGED 32 YEARS, GLORY HOUSE, PONNAKUZHI PO., THRIKKALANGODU, MANJERI, MALAPPURAM. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, PULPALLY POLICE STATION WAYANAD DISTRICT. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-682031. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.5891 of 2008 ----------------------------------------- Dated this the 23rd September, 2008 O R D E R This petition is for anticipatory bail. 2. Petitioner is the first accused in the crime. The de facto complainant filed a private complaint before the Magistrate Court and it was forwarded to the police under Section 156(3) Cr.P.C and a crime was registered under Sections 341, 498(a), 506(II) read with 34 of Indian Penal Code against three persons. Petitioner is the first accused. It is alleged that the accused iltreated the de facto complainant and the first accused did not show any interest in sexual relationship. He also told her that he is interested in homosexual activities etc. 2. Learned counsel for petitioner submitted that the allegations in the complaint are false. Marriage between the petitioner and the de facto complainant was solemnized on 30.8.2004 and the de facto complainant left the matrimonial house within a few months on 1.4.2005. Since their efforts were taken to get back his wife and later O.P.No.651 of 2006 BA.5891/08 2 was filed for restitution of conjugal rights. The de facto complainant failed to contest the matter and ex parte order was passed in favour of the petitioner. He again took effort to get back the wife, but she did not turn up and hence after two years, he filed O.P.No.153 of 2008 for divorce (vide Annexure- I) on 23.2.2008. But, after three months, the present complaint is lodged by the de facto complainant making false allegations, it is submitted. 3. Learned Public Prosecutor submitted that the allegations made in the complaint are serious in nature. But, admittedly, there is inordinate delay in lodging the complaint. Taking into consideration the circumstances, under which the complaint is lodged, I find that anticipatory bail can be granted and hence the following order is passed: Petitioner shall surrender before the Magistrate Court within seven days from today and if bail application is filed, he shall be released on bail on his executing a bod for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the following conditions: BA.5891/08 3 i) Petitioner shall report before the investigating officer as and when directed. ii) Petitioner shall make himself available for interrogation by the investigating officer. iii) Petitioner shall co-operate with the investigation. iv) Petitioner shall not commit any offence while on bail Petition is allowed. K.HEMA, JUDGE vgs.