M RISHANTH Vs. C I OF POLICE

JUDGEMENT

(1.) THIS is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No. 192 of 2009 of medical College Police Station, Kozhikode alleging commission of offences punishable under Sections 323, 498-A, 427 read with Section 34 of the Indian Penal Code.

(2.) THE marriage between the petitioner and the de facto complainant was solemnized on 19. 8. 2007 and according to the petitioner, from 10. 2. 2008 onwards they have been living separately. Along with the petitioner herein, his parents and brothers were also implicated as accused in the aforesaid crime. They approached the Sessions Court, Kozhikode by filing Crl. M. C. No. 462 of 2009 for anticipatory bail. After having elaborate consideration, the Sessions Court granted anticipatory bail in respect of the parents and brothers of the petitioner herein, considering the fact that the de facto complainant had not attributed any overtact to prove their involvement in the case. In respect of the petitioner, his application for anticipatory bail was rejected.

(3.) AS stated earlier, the marriage between the petitioner and the de facto complainant was solemnized on 19. 8. 2007 and their marital relationship was short-lived. The strained relationship compelled them to live separately and now they have been living separately. Considering the nature of the allegations levelled against the petitioner as also the progress of the investigation in this case, I think the petitioner can be granted anticipatory bail.