IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Bail Appl..No. 6882 of 2008() ----------------------------- CRIME NO.586/08 OF PAYYANNUR POLICE STATION PETITIONER ------------------------------ NELSON IGNATIOUS S/O.IGNATIOUS, AGED 31 YEARS, CHURCH COMPOUND THIRUVANGADU AMSOM, CHALIL DESOM, THALASSERY. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM (CRIME NO.586 OF 2008 OF PAYYANNUR POLICE STATION) PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6882 of 2008 ----------------------------------------- Dated this the 20th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 498A of the Indian Penal Code. According to de facto complainant, he was harassed by petitioner, who is her husband, demanding dowry. 3. Learned counsel for petitioner submitted that there was some difference of opinion between the parties and de facto complainant left the matrimonial home on 22.2.2008. Marriage was solemnized on 29.8.2007 and within a period of six months, the parties are separated. De facto complainant sent a notice stating that the marriage was not consummated. But, only general allegations are made stating that there was harassment demanding dowry etc. The allegations are false. 4. Learned Public Prosecutor submitted that the allegation regarding non-consummation of marriage was there in the statement made by de facto complainant. He has no objection in granting anticipatory bail to petitioner on conditions. BA.6882/08 2 On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner and the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: i) Petitioner shall report before the investigating officer as and when directed and co-operate with the investigation. ii) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.