High Court Kerala High Court

Sruthi vs State Of Kerala on 24 November, 2008

Kerala High Court
Sruthi vs State Of Kerala on 24 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7042 of 2008()


1. SRUTHI W/O. BABU, AGED 22 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.P.R.SREEJITH

                For Respondent  : No Appearance

The Hon'ble MRS. Justice K.HEMA

 Dated :24/11/2008

 O R D E R
                                K. HEMA, J.
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                        B.A. No. 7042 of 2008
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          Dated this the 24th day of November,2008

                                  O R D E R

Petition for anticipatory bail.

2. The alleged offences are under sections 406 and 498A

IPC. According to prosecution, de facto complainant was

married by 1st accused. Thereafter, his brother who is the 2nd

accused was married to 3rd accused. The 3rd accused had brought

gold ornaments than de facto complainant. Hence, 1st accused ill-

treated and harassed de facto complainant asking to bring more

gold ornaments. She was physically and mentally harassed by

accused at home. Accused 2 and 3 also ill-treated and harassed

her insisting that she should bring more money.

3. Petitioner along with other accused filed a petition for

anticipatory bail before this Court and it was dismissed as per

order dated 31-10-2008 in B.A.no.6199/2008. This Court had

observed in that order, after considering the facts and

circumstances that no circumstance or fact was pointed out to

grant anticipatory bail to petitioners. The crime was registered as

early as on 18-9-2008 and petitioners were not available for

interrogation and hence, a direction was issued to petitioners to

surrender before the Investigating Officer within ten days from

today and co-operate with the investigation. Accused 1 to 3 did

BA 7042/08 -2-

not comply with the direction issued by this Court and they did

not co-operate with the investigation also. Though this order was

passed as early as on 31-10-2008 they are still absconding.

4. Learned counsel for petitioner submitted that petitioner

is pregnant by 2 = months and hence this may be taken as a

ground to grant anticipatory bail, it is submitted. On considering

the above submissions made, I had passed an interim order dated

18-11-2008 that the matter will be heard only after accused 1 and

2 surrendered, as directed in the order dated 31-10-2008 in B.A.

no.6199/2008. The said order was passed on 18-11-2008. Even

today, the accused have not surrendered. On the facts and

circumstances of this case, I find that anticipatory bail cannot be

granted to petitioner.

             Hence,    petitioner    is   again   directed  to

      surrender before the        Investigating Officer within

two days from today and co-operate with the

investigation, failing which no other anticipatory bail

application will be entertained by this Court.

With this direction, this petition is dismissed.

K.HEMA, JUDGE.

mn.