IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 Bail Appl..No. 249 of 2009() ---------------------------- CRIME NO.419/08 OF ELATHUR POLICE STATION, KOZHIKODE PETITIONER/IST ACCUSED ------------------------------------------ GIREESH KUMAR.N., AGED 39 YEARS, NADUKANDI HOUSE, ATHANIKKAL, WEST HILL P.O., KOZHIKODE 673 005. BY ADV. SRI.T.R.RAVI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 249 of 2009 ----------------------------------------- Dated this the 21st January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 498A and 406 read with 34 of the Indian Penal Code. According to prosecution, petitioner, who is first accused and husband of de facto complainant inflicted matrimonial cruelty on de facto complainant and misappropriated the gold ornaments and money given to her at the time of marriage. He also harassed her physically and mentally along with his mother. 3. Learned counsel for petitioner submitted that second accused, who is the mother of petitioner was granted anticipatory bail and petitioner may also be granted anticipatory bail. 4. Learned Public Prosecutor opposed this application and pointed out that petitioner and de facto complainant had a settlement through the mediators, and thereafter, de facto complainant went back to the matrimonial house and lived with petitioner, but, again petitioner continued his harassment BA.249/09 2 and hence, it is not a fit case to grant anticipatory bail (these allegations are fact is denied by learned counsel for petitioner). 5. On hearing both sides and on considering the allegations made in the complaint, I am satisfied that it is not a fit case to grant anticipatory bail to petitioner. The crime was registered as early as on 15.11.2008 and the investigation is in a stand still. Petitioner is directed to surrender before the investigating officer or the Magistrate Court concerned and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. No further application for anticipatory bail by petitioner in this crime will be entertained hereafter. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.