IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2406 of 2010()
1. P.K.VELAYUDHAN,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE REP. BY PUBLIC PROSECUTOR,
For Petitioner :SRI.P.K.ANIL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :06/07/2010
O R D E R
K.HEMA, J.
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B.A. No. 2406 of 2010
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Dated this the 6th day of July, 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, de facto complainant was
married by the petitioner on 28.01.1995 and a child was also
born in the said wedlock. After the marriage, petitioner used to
harass the de facto complainant physically and mentally and she
was ousted from the house. The gold ornaments were also
taken from the de facto complainant.
3. According to petitioner, de facto complainant was very
hostile from the very beginning and she used to pick up quarrel
with petitioner. On 28.01.1995 she pick up quarrel with the
petitioner, demanding that the property should be transferred in
her name. The petitioner did not meet the demand. Hence, a
complaint was filed alleging offence under Section 498A and 324
of the Indian Penal Code. The earlier application for anticipatory
bail was dismissed, since it was reported that no crime was
registered against petitioner. Thereafter, the crime was
registered.
B.A. No. 2406 of 2010 2
4. This petition is opposed. Learned Public Prosecutor
submitted that there are serious allegations against petitioner.
Both physical and mental cruelty are alleged. It is also submitted
that de facto complainant obtained residence order from the
Magistrate Court under the D.V. Act. This is not a fit case to grant
anticipatory bail, it is submitted.
5. On hearing both sides, I am satisfied of the submissions
made by the learned Public Prosecutor. Considering the serious
nature of the allegations made, I am not inclined to grant
anticipatory bail in a case of this nature. The F.I.R. was lodged as
early as on 15.02.2010 and more than 5 months have elapsed.
Petitioner is bound to surrender before the investigating officer or
Court concerned and co-operate with the investigation without any
delay.
This petition is dismissed.
K. HEMA, JUDGE
ln