IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 Bail Appl..No. 5700 of 2008() ----------------------------- CRMP.1462/2008 IN CRIME NO.614/2008 OF ADOOR POLICE STATION .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- NAJEEM AGED 35 YEARS, THENGUMTHARA HOUSE, PARAKODE MURI, ADDOR VILLAGE. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERAL, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5700 of 2008 ------------------------------------------------- Dated this the 14th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 498(A) and 34 IPC. Petitioner is the first accused in the crime. He is the husband of the defacto complainant. There are two more accused in the crime. According to prosecution, petitioner and the defacto complainant were married on 6.4.2008 and she was ill-treated by the petitioner and others by demanding more dowry and she was ousted from the house in July 2008. 3. Learned counsel for the petitioner submitted that the petitioner is absolutely innocent of the allegations made and there are chances for a settlement and hence, anticipatory bail may be granted. 4. This petition is opposed. Learned public prosecutor submitted that the marital relationship came to an end within three months of the marriage. The marriage was in April 2008 and the parties were living separately since July 2008. The BA No.5700/08 2 matrimonial relationship was broken because of the physical and mental cruelty inflicted on the defacto complainant by the petitioner who is the husband and also his close relative. It is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, I am satisfied that on consideration of the nature of allegations made, it is not a fit case to grant anticipatory bail. The complaint was filed on 21.8.2008 and petitioner is not available for investigation. Hence, petitioner is directed to surrender before the Investigating Officer within seven days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE csl