Vinod.T.K. vs The Sub Inspector Of Police on 5 December, 2008

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104
Kerala High Court
Vinod.T.K. vs The Sub Inspector Of Police on 5 December, 2008
       

  

  

 
 
  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
csl

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