IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 289 of 2010()
1. JOLLY, S/O SCARIA, NADUURACKAL HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.V.K.SUNIL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :24/05/2010
O R D E R
K. HEMA, J.
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B.A. No.289 of 2010
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Dated this the 24th day of May, 2010
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 498-A of the Indian
Penal Code. According to prosecution, petitioner physically and
mentally harassed de facto complainant since she did not
conceive a child and the marital relationship got strained as he
lost interest in the de facto complainant.
3. Learned counsel for petitioner submitted that 15 years
elapsed after the marriage, petitioner has not committed the
alleged offence and de facto complainant has not specified as
any instance in the complaint.
4. This petition is opposed. Learned Public Prosecutor
submitted that though specific instances are not mentioned, the
allegations in the complaint clearly reveal the offence. It is also
submitted that petitioner is involved in another crime also. Since
de facto complainant filed a complaint under Section 498 A of the
Indian Penal Code against the petitioner, he along with other
accused trespassed into the parental house of the de facto
B.A. No.289 of 2010 2
complainant and committed this offence.
5. On hearing both sides, considering the nature of the
allegations made, I do not find any ground to grant anticipatory
bail.
Petition is dismissed.
K. HEMA, JUDGE
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