IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6445 of 2008()
1. RAJENDRAN, S/O.KRISHNAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.M.G.DEVIPRASADAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :21/10/2008
O R D E R
K.HEMA, J.
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B.A. No.6445 OF 2008
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Dated this the 21st day of October, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 498 A of I.P.C.
According to prosecution, the defacto complainant is the wife of
the petitioner. He started ill-treating petitioner, demanding sale
of 50 cents of property standing in the name of defacto
complainant and he physically and mentally harassed her.
3. Learned counsel for the petitioner submitted that
petitioner and defacto complainant were married in the year
1994 and they have two children in the wedlock. They are living
in the same house. But, defacto complainant insisted that the
property should be sold, for which the petitioner is not willing. A
suit is pending between the petitioner and the defacto
complainant in the civil court. She filed a false complaint before
police and the petitioner was called to the police station.
Thereafter another false complaint was filed before the police
stating that he attempted to assault her and thereafter the
B.A.6445 of 2008
2
police is asking him to go to the police station and hence
petitioner may be granted anticipatory bail, it is submitted.
4. This petition is opposed. Learned Public Prosecutor
submitted that the petitioner is guilty of mental and physical
harassment. The defacto complainant on one occasion was even
hospitalised because of the assault on her by the petitioner. It is
not a fit case to grant anticipatory bail, it is submitted.
On hearing both sides, considering the nature of allegations
made, I am not inclined to grant anticipatory bail.
The petition is dismissed.
K.HEMA, JUDGE
pac