IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 Bail Appl..No. 4592 of 2008() -------------------------------- CRIME NO.144/08 OF KONGAD POLICE STATION PETITIONERS/ACCUSED NO.2 AND 3:- ------------------------------------------------- 1. MARIYAM BEEVI, W/O MARAKKAR, NOORJAHAN MANZIL, MANNAM P.O., N. PARAVUR. 2. SHAMSUDHIN, S/O MARAKKAR, NOORJAHAN MANZIL, MANNAM P.O., N. PARAVUR. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.4592 of 2008 ----------------------------------------- Dated this the 21st July, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, the de facto complainant was physically and mentally harassed by her husband, her mother-in- law and brother-in-law, who are accused 1 to 3 respectively. On a complaint filed by the de facto complainant, a crime was registered under Sections 498-A and 506(1) read with 34 of Indian Penal Code. Petitioners are accused 1 and 2 in the crime. 3. According to prosecution, the petitioners are mother-in-law and brother-in-law of the de facto complainant. Marriage between de facto complainant and the first accused was solemnised on 23.1.1995 and thereafter first accused went to Gulf countries. The de facto complainant was residing in her house throughout. They have no children. According to learned counsel for petitioners, the de facto complainant and the first accused have no children and hence a false complaint has been filed against the petitioners. But, petitioner is totally innocent of the allegations made, it is submitted. 3. On hearing both sides, nothing is stated to probablise the innocence of the petitioners. Learned counsel for petitioners submitted that the petitioners have not harassed the de facto complainant. Except bare assertions, there is no material to accept the plea of innocence of the petitioners. I am not satisfied that this is a fit case to grant anticipatory bail. This petition is dismissed. K.HEMA, JUDGE vgs.