IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Bail Appl..No. 681 of 2009() ------------------------------------ (CRIME NO.21/09 OF MELUKAVU POLICE STATION) ------------------------------------ PETITIONER (S): ACCUSED ----------------------------------- SHAJI THOMAS, S/O. THOMAS, ACHANPARAMBIL HOUSE,MELUKAVU P.O., MELUKAVU. BY ADV. SRI.SOJAN MICHEAL RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. V. TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.681 OF 2009 ----------------------------------- Dated this the 21st day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence are under sections 406, 498 A of IPC. According to prosecution, petitioner and decacto complainant were married in 2002 and defacto complainant was working abroad after the marriage from 2005 onwards. A child was born in the wed lock in 2003. According to the defacto complainant, petitioner inflicted cruelty to her during the time when they were living together. She was even beaten up. 3. Learned counsel for petitioner submitted that while defacto complainant was working abroad, last year she came to India without informing the petitioner or her parents and stayed in Mumbai without their knowledge. On coming to know about this, he filed a complaint before the police and on their instruction, he filed a petition before the Passport Authorities to get passport details to proceed against her. On knowing this, defacto complainant came to the native place and lodged a private complaint against petitioner, based on which the present crime was registered. B.A. No.681/09 2 4. Petitioner is innocent of the allegations made and he was ready to settle the issue between the parties and case was referred to Lok Adalat by this court. But, defacto complainant did not come forward since she was abroad and hence it could not be settled, it is submitted. 5. Learned Public Prosecutor submitted that stringent conditions may be imposed if bail is granted. On hearing both sides,I am satisfied that on the facts and circumstances of this case, anticipatory bail can be granted on stringent conditions. 6. Hence the following order is passed: 1) Petitioner shall report before the investigating officer within seven days and co-operate with the investigation. 2) If petitioner is arrested he shall be released on bail on his executing bond for Rs.25,000/- with two solvent securities each for the like amount to the satisfaction of the learned Magistrate on the following condition: i) Petitioner shall not tamper with evidence or influence or intimidate witnesses. This petition is allowed. K. HEMA, JUDGE. Sou.