IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 Bail Appl..No. 258 of 2009(B) ----------------------------------- CRIME NO.394/2008 OF ARYANADU POLICE STATION .................... PETITIONER/ACCUSED : ---------------------------- SHYJU, AGED 28 YEARS, S/O. DHARMARAJAN, THERIVILA PUTHEN VEEDU, URIYACODE P.O., VELLANADU, NEDUMANGADU, TRIVNDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.258 OF 2009 -------------------------------- Dated this the 4th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 498A of I.P.C. According to prosecution, petitioner and the defacto complainant were married on 27.08.2003 and she was given 20 sovereigns of gold and Rs.50,000/- at the time of marriage. She was tortured by petitioner demanding more money and also insisting to dispose of 25 cents of land given to her on 19.11.2008. She was brutally manhandled by him to coerce her to dispose of the landed property. She was admitted in the hospital also. 3. Learned counsel for petitioner submitted that there was some money transaction between petitioner and his brother-in-law and petitioner had paid some money to him. He wanted it back and because of this, there is some difference of opinion. The parties are living separately since few months. Therefore, anticipatory bail may be granted failing which, it is likely that re-union may be fizzled out B.A.No.258 of 2009 2 4. This petition is opposed. On hearing both sides and on considering the nature of allegations made and on going through the order passed by the learned Additional Sessions Judge, I am satisfied that there is no special circumstance to grant anticipatory bail. The crime is registered as early as on 25.11.2008 and petitioner is not required for interrogation. Hence the following order is passed : Petitioner shall surrender before the Investigating Officer forthwith and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac