High Court Kerala High Court

Noushad vs State Of Kerala on 18 June, 2008

Kerala High Court
Noushad vs State Of Kerala on 18 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3747 of 2008()


1. NOUSHAD, AGED 32, S/O. ABDUL SALEM,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY PUBLIC
                       ...       Respondent

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :18/06/2008

 O R D E R
                            K.HEMA, J.
                -----------------------------------------
                      B.A.No.3747 of 2008
                -----------------------------------------
             Dated this the 18th day of June, 2008


                             O R D E R

This application is for anticipatory bail.

2. The alleged offence is under section 498(A) IPC.

Petitioner is the husband of the defacto complainant.

3. Learned counsel for the petitioner submitted that the

petitioner was residing ever since the marriage in the defacto

complainant’s house. Her parents are no more. But he wanted to

reside in his parents house on account of his employment, but

she was not willing for the same. In spite of persuasion, she was

not prepared to live in petitioner’s parental house. Therefore he

left the house of the defacto complainant and this motivated the

defacto complainant to file the present complaint. Mediations

are going on and it is likely that the matter will be settled, it is

submitted. Hence, if anticipatory bail is not granted, the chance

for re-union may be blocked. On hearing both sides I am satisfied

that anticipatory bail can be granted and the following order is

BA 3747/08 2

passed:-

1. The petitioner is directed to surrender before the

Investigating Officer within 7 days from the date of

this order and make himself available for

interrogation.

2. The petitioner shall be produced before the

Magistrate Court concerned, in the event of his

arrest, in accordance with law.

3. On production of the petitioner before the learned

Magistrate and if bail application is moved, the

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 learned

Magistrate on condition that the petitioner shall

report before the Investigating Officer as and when

directed and co-operate with the investigation.

The application is allowed.

K.HEMA, JUDGE

pac.