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.
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B.A.No.3747 of 2008
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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.