IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5891 of 2008()
1. SAJI WILLIAMS, S/O.WILLIAMS.K.S.,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA, REP. BY THE PUBLIC
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :23/09/2008
O R D E R
K.HEMA, J.
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B.A.No.5891 of 2008
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Dated this the 23rd September, 2008
O R D E R
This petition is for anticipatory bail.
2. Petitioner is the first accused in the crime. The de
facto complainant filed a private complaint before the
Magistrate Court and it was forwarded to the police under
Section 156(3) Cr.P.C and a crime was registered under
Sections 341, 498(a), 506(II) read with 34 of Indian Penal
Code against three persons. Petitioner is the first accused. It is
alleged that the accused iltreated the de facto complainant and
the first accused did not show any interest in sexual
relationship. He also told her that he is interested in
homosexual activities etc.
2. Learned counsel for petitioner submitted that the
allegations in the complaint are false. Marriage between the
petitioner and the de facto complainant was solemnized on
30.8.2004 and the de facto complainant left the matrimonial
house within a few months on 1.4.2005. Since their efforts
were taken to get back his wife and later O.P.No.651 of 2006
BA.5891/08 2
was filed for restitution of conjugal rights. The de facto
complainant failed to contest the matter and ex parte order
was passed in favour of the petitioner. He again took effort to
get back the wife, but she did not turn up and hence after two
years, he filed O.P.No.153 of 2008 for divorce (vide Annexure-
I) on 23.2.2008. But, after three months, the present complaint
is lodged by the de facto complainant making false allegations,
it is submitted.
3. Learned Public Prosecutor submitted that the
allegations made in the complaint are serious in nature. But,
admittedly, there is inordinate delay in lodging the complaint.
Taking into consideration the circumstances, under which the
complaint is lodged, I find that anticipatory bail can be granted
and hence the following order is passed:
Petitioner shall surrender before the
Magistrate Court within seven days from today
and if bail application is filed, he shall be released
on bail on his executing a bod for Rs.25,000/- with
two solvent sureties each for the like sum to the
satisfaction of the learned Magistrate, on the
following conditions:
BA.5891/08 3
i) Petitioner shall report before the
investigating officer as and when
directed.
ii) Petitioner shall make himself available
for interrogation by the investigating
officer.
iii) Petitioner shall co-operate with the
investigation.
iv) Petitioner shall not commit any offence
while on bail
Petition is allowed.
K.HEMA, JUDGE
vgs.