IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Bail Appl..No. 314 of 2009() ------------------------------------- CRIME NO.768/2008 OF THIRUVALLA POLICE STATION ....... PETITIONER (S): ACCUSED ------------------------------ ANTONY THOMAS .T S/O.T.T.THOMAS, AGED 36 YEARS, "SREE LAKSHMI" HOUSE, MUTHOOR,KUTTAPPUZHA, THIRUVALLA. BY ADV. SRI.RAJ MOHAN R.PILLAI RESPONDENT(S): COMPLAINANT ----------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM (CRIME NO. 768 OF 2008 OF THIRUVALLA POLICE STATION) PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 314 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 498A, 294(b), 323, 324 and 34 IPC. According to prosecution, petitioner allegedly harassed de facto complainant physically and mentally and also misappropriated gold ornaments given to her, at the time of marriage. The marriage took place in the year 2006. 3. Learned counsel for petitioner submitted that petitioner filed a petition for restitution of conjugal right before Family Court and another family matter is also pending before another court at Kottayam. There is every chance for settlement and if petitioner is arrested, it is likely that chance for settlement will be fizzled out. It is also submitted that the date on which there was an alleged assault, petitioner was actually assaulted by de facto complainant's brother and a case was also registered, on a statement made by petitioner to police. 4. This petition is opposed Learned Public Prosecutor submitted that as per the allegations, petitioner was harassing de facto complainant since 2006 and she was also manhandled. 5. On hearing both sides, it appears that petitioner has filed a petition for conjugal right as early as in 2006 and no BA 314/2009 -2- settlement could be arrived at so far. If counter allegations are accepted, there was assault on both sides. In such circumstances, it is not a fit case to grant anticipatory bail. The incident occurred as early as in October, 2008 and petitioner had sufficient time to get the matter settled. On the facts of this case, I do not find any reason to grant anticipatory bail, especially since no special circumstance is made out. Petitioner is required for arrest and interrogation, but he has not co-operated with the investigation. Hence, petitioner is directed to surrender before the Magistrate court concerned or 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.