IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 258 of 2009()
1. SHYJU, AGED 28 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :04/02/2009
O R D E R
K.HEMA, J.
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B.A. No.258 OF 2009
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Dated this the 4th day of February, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 498A of I.P.C.
According to prosecution, petitioner and the defacto
complainant were married on 27.08.2003 and she was given
20 sovereigns of gold and Rs.50,000/- at the time of marriage.
She was tortured by petitioner demanding more money and
also insisting to dispose of 25 cents of land given to her on
19.11.2008. She was brutally manhandled by him to coerce
her to dispose of the landed property. She was admitted in the
hospital also.
3. Learned counsel for petitioner submitted that there
was some money transaction between petitioner and his
brother-in-law and petitioner had paid some money to him. He
wanted it back and because of this, there is some difference of
opinion. The parties are living separately since few months.
Therefore, anticipatory bail may be granted failing which, it is
likely that re-union may be fizzled out
B.A.No.258 of 2009
2
4. This petition is opposed. On hearing both sides and on
considering the nature of allegations made and on going
through the order passed by the learned Additional Sessions
Judge, I am satisfied that there is no special circumstance to
grant anticipatory bail. The crime is registered as early as on
25.11.2008 and petitioner is not required for interrogation.
Hence the following order is passed :
Petitioner shall surrender before the
Investigating Officer forthwith and co-operate
with the investigation. Whether he surrenders
or not, police is at liberty to arrest him and
proceed in accordance with law.
The petition is dismissed.
K.HEMA, JUDGE
pac