IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Bail Appl..No. 4545 of 2008() ----------------------------- (CRIME NO.818/2007 OF ATTINGAL POLICE STATION) PETITIONER/ACCUSED ------------------------ BABU, S/O. THANKAPPAN NAIR, ERAMAN VEEDU, MANNOOR BHAGOM, ALAMCODE DESOM, VANCHIYOOR VILLAGE, TRIVANDRUM DISTRICT. BY ADV. SRI.J.JAYAKUMAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 4545 of 2008 ----------------------------------------------- Dated this the 22nd day of July, 2008. ORDER Petition for anticipatory bail. 2. The alleged offence is under Sections 498(A) of Indian Penal Code. As per the allegations in the complaint, de facto complainant was assaulted by the petitioner on 28.12.2007 at 11 a.m. from her paternal house on demand of more property etc. 3. Learned counsel for the petitioner submitted that the petitioner is absolutely innocent of the allegations made and he was not even present at the time of occurrence at the place of occurrence. He left India by a flight on the same day and the departure time of the flight was 9 a.m. from Trivandrum Airport. But te alleged offence is committed at 11 a.m. from de facto complainant's house. He had gone abroad in connection with his job. Copy of the Passport is produced as Annexure-A2 and copy of the E-Ticket is Annexure-A3 in support of the above contention. Since the petitioner was abroad, he was not available during evidence and charge-sheet was laid by the police stating that petitioner could not be arrested, as he was not available in India. 4. In the above circumstances, on an accusation that he has committed non-bailable offence, the police has charge-sheeted the petitioner for offence under Section 498(A) IPC and his presence is required before the Magistrate Court. He apprehends that a non- bailable warrant will be issued from the Magistrate Court and in case [B.A.No.4545/08] 2 he is arrested, he will be put to irreparable loss and injury by a pre- trial detention. Hence, the bail application. 5. On hearing both sides, I am satisfied that it is likely that petitioner will be arrested on accusation of having committed a non- bailable offence and if so arrested, on the facts and circumstances of this case, it will result in injustice. 6. Hence, I invoke the powers under Section 438 Cr.P.C. and the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within 7 days from the date of this order and, if any bail application is filed, he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate by imposing such condition as the learned Magistrate may deem fit and proper. Petition is allowed. K. HEMA, JUDGE. Krs.