IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 7333 of 2008() 1. VINOD.T.K., S/O.NANU, AGED 38 YEARS, ... Petitioner Vs 1. THE SUB INSPECTOR OF POLICE, ... Respondent 2. STATE REP; BY PUBLIC PROSECUTOR, For Petitioner :SRI.CIBI THOMAS For Respondent :PUBLIC PROSECUTOR The Hon'ble MRS. Justice K.HEMA Dated :05/12/2008 O R D E R K.HEMA, J. --------------------------------------------- B.A.No.7333 of 2008 --------------------------------------------- Dated this the 5th December, 2008 O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 406 and 498
(A) read with Section 34 IPC. Petitioner is the first accused and
he is the husband of the defacto complainant. He allegedly
harassed the defacto complainant physically and mentally after
the marriage. He also misappropriated the money and gold
ornaments given to the defacto complainant at the time of
marriage.
3. Learned counsel for petitioner submitted that he is
not pressing this petition, since charge sheet is laid and
petitioner intends to surrender before the Magistrate Court.
4. Learned public prosecutor pointed out that crime was
registered as early as on 25.2.2008 and petitioner was not
available for interrogation. He was shown as an absconding
accused while submitting the charge and therefore, in all
probabilities non bailable warrant would have been issued
against petitioner. Petitioner’s presence is required for the
purpose of trial.
BA No.7333/2008 2
5. On hearing both sides, considering the nature of
allegations made and the facts pointed out by learned public
prosecutor, I find that it is not a fit case to grant anticipatory bail
to petitioner. I am also not inclined to allow the petitioner to
withdraw this petition. In a case of this nature, if the court
allows such prayer, it is likely that petitioner will again abscond
and the court cannot in any manner aid him to flee from law. A
person who evades law must be compelled to surrender to law.
Petitioner was evading all steps of investigation right from
February 2008 onwards.
(1) Hence, petitioner shall surrender before the
Magistrate Court within seven days from today.
Whether he surrenders or not, police shall execute
the warrant, if any, issued against petitioner.
(2) It is made clear that no further anticipatory bail
application by petitioner will be entertained.
With this direction, petition is dismissed.
K.HEMA, JUDGE
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