IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2184 of 2008()
1. MARTIN, 39 YEARS, S/O.GEORGE,
... Petitioner
Vs
1. SMT.SHYNI MARY, 32 YEARS,
... Respondent
2. SHAJI KULIYATH, KULIYATH VEEDU,
3. THE STATION HOUSE OFFICER,
For Petitioner :SRI.S.SUDHISH KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :08/04/2008
O R D E R
R. BASANT, J.
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B.A. No. 2184 OF 2008
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Dated this the 8th day of April, 2008
O R D E R
Application for anticipatory bail. Petitioner is the
husband of the 1st respondent. He apprehends arrest on the
allegation that he has committed non-bailable offences
against respondents 1 and 2. The 2nd respondent is allegedly
the paramour of the 1st respondent. They had illicit
relationship and a complaint has been filed by the petitioner
before the matrimonial court alleging adulterous behaviour by
respondents 1 and 2. That petition is pending. The petitioner
apprehends that the 3rd respondent may arrest the petitioner
on the allegation that he has committed non-bailable offences
against respondents 1 and 2.
2. The learned Public Prosecutor, after taking
instructions, submits that no crime has been registered
against the petitioner on the complaint of either the 1st
respondent or the 2nd respondent. The 1st respondent has
raised allegations against her husband, the petitioner herein,
BA.2184/08
: 2 :
in a petition filed by her. The 2nd respondent has raised
allegations of refusal to return amounts by the petitioner in
another petition filed by him. On the basis of both petitions,
no crime has been registered. Police have no intention to
register any crime or arrest the petitioner on the basis of the
said petitions. In these circumstances, the apprehension of
the petitioner is without any basis, submits the learned Public
Prosecutor. The learned Public Prosecutor undertakes that if
the petitioner were to be arrested in future on the allegation
that he has committed non-bailable offences against
respondents 1 and 2 prior to this day, prior notice shall be
given to the petitioner and prior permission of this Court shall
be taken before any such arrest is effected.
3. I take note of, hereby record and accept the
submissions/undertaking of the learned Public Prosecutor.
The apprehension of the petitioner is, in these circumstances,
found to be without any merit. This petition is accordingly
dismissed.
(R.BASANT, JUDGE)
aks