HARIPRASAD v. STATION HOUSE OFFICER

BY ADV. SRI.P.NARAYANAN RESPONDENT(S): --------------- STATION HOUSE OFFICER, NADAKKAVU POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6054 of 2008 ----------------------------------------- Dated this the 7th November, 2008

O R D E R This petition is for anticipatory bail.

The alleged offences are under Sections 323 and 498A of the Indian Penal Code. According to prosecution, petitioner and de facto complainant were married on 26.1.1997 and a child was born in the wed-lock, who is aged 10 years now. Petitioner is the husband of de facto complainant and he used to harass her mentally and physically and she was forced to leave her matrimonial house. Petitioner neglected de facto complainant, without paying maintenance. Therefore, de facto complainant filed a petition for maintenance.

Learned counsel for petitioner submitted that de facto complainant is in the habit of leaving matrimonial house but it was it was not on account of any harassment or cruelty inflicted on her by petitioner. Petitioner is a Police driver and de facto complainant is suffering from some mental disturbance and she used to be taken to a Psychiatrist and she was under treatment also. Annexure-2 is the medical record to establish this. She was also under medication.

Learned counsel for petitioner submitted that petitioner is prepared to settle the matter and he has no objection in allowing de BA.6054/08 2 facto complainant to see the child and he will not in any manner prohibit de facto complainant from even coming to his house and residing there and his intention is only to have a re-union. It is also submitted that he is even prepared to give interim maintenance, to de facto complainant and he is also prepared to raise some amount and deposit a lump sum amount towards maintenance, as suggested by this Court, it is submitted. But, if petitioner is arrested and detained in prison on the allegations made in the complaint, it will result in irreparable injury and loss, it is submitted.

Learned Public Prosecutor submitted petitioner may be directed to co-operate with investigation and subject to this, he has no objection in granting anticipatory bail on conditions.

On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner on suitable conditions. Hence, the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within seven days from today and he 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 learned Magistrate on the following conditions: BA.6054/08 3 i) Petitioner shall produce before the Magistrate Court, a Fixed Deposit receipt in the name of de facto complainant for an amount of Rs.50,000/- within 20 days from today. ii) Petitioner shall report before the investigating officer within four days from execution of bond and co-operate with investigation. iii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.