IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 Bail Appl..No. 2260 of 2010() --------------------------------- CRIME NO. 107/2010 OF THIRUVAMBADY POLICE STATION ...................... PETITIONER/1ST ACCUSED : --------------------------------- BASHEER V.K., S/O. ABOOBACKER, AGED 35 YEARS, VATTIKUNNUMMEL HOUSE, KALARANTHIRI, MALIPURAM, KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------ B.A. No. 2260 of 2010 ------------------------------------ Dated this the 17th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 406, 417, 420, 341, 323, 447, 294(b) and 498(A) read with Section 149 of the Indian Penal Code. According to the prosecution, petitioner married de facto complainant on 03.12.2004 and they were residing together since 09.01.2005 and a child was also born in the wedlock. Petitioner and his family members harassed de facto complainant physically and mentally asking more dowry and money. She was ousted from the house and started residing in her parents house. On 16.03.2010, 11 persons including petitioner came to the house of the de facto complainant's parental house, attacked her and abused by using obscene language. The petitioner committed various offences. A complaint was lodged on 18.03.2010. 3. Learned counsel for petitioner submitted that the police station is very close to the de facto complainant's house and though the incident of the nature stated in the F.I. Statement occurred on 16.03.2010, complaint was lodged only on B.A. No. 2260 of 2010 2 18.03.2010. The de facto complainant also filed a petition under the Domestic Violence Act and obtained an order for search. 4. This petition is strongly opposed by learned Public Prosecutor and he submitted that the de facto complainant was caused to sign certain documents by force and for such purpose petitioner and others had trespassed into the de facto complainant's parental house. The de facto complainant also alleged that she was harassed physically and mentally by petitioner and other members of the family and she was also ousted from the house and forced to reside in parental house. The petitioner could not be arrested by the police though the crime was registered as early as on 18.03.2010, it is submitted. 5. On hearing both sides, I do not find any ground to grant anticipatory bail, while considering the facts and circumstances of the case. 6. Hence the following order is passed. The petitioner shall surrender before the investigating officer or Magistrate Court concerned within one week from today. This petition is dismissed. K. HEMA, JUDGE ln