IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Bail Appl..No. 7514 of 2008() ----------------------------- CRIME NO.529/08 OF PONNANI POLICE STATION PETITIONER: ACCUSED NO.1 -------------------------------- NAVAS, AGED 37 YEARS, S/O. IMBICHI, RESIDING AT HOUSE NO. CC 19/1154, PALLURUTHY, KOCHI - 682 006. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA, ERNAKLAM, REP. BY SUB INSPECTOR OF POLICE, PONNANI POLICE STATION. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7514 of 2008 ----------------------------------------- Dated this the 6th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 498A and 34 of the Indian Penal Code. According to prosecution, petitioner (first accused), along with other accused, mentally and physically harassed de facto complainant in furtherance of a common intention demanding more money and dowry. De facto complainant was given 48 sovereigns of gold and money at the time of marriage and those were misappropriated by first accused, who is her husband and his family members. Thereafter, demands continued and she was even physically assaulted on demand of dowry. After the delivery, she was not taken back from her paternal house. She was also not maintained by petitioner. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. Though a submission was made on the previous occasion that petitioner is prepared to pay maintenance and that he would report how BA.7514/08 2 much amount he would pay, it is now submitted that petitioner is not prepared to pay any amount towards maintenance. 4. Learned Public Prosecutor opposed this bail application and submitted that the allegations made against petitioner are serious in nature and it is not a fit case to grant anticipatory bail. 5. On hearing both sides, I am satisfied that in the nature of the allegations made and taking into account the conduct even during the pendency of this petition, it is not a fit case to grant anticipatory bail. It is revealed that petitioner is not maintaining de facto complainant and even now he is not prepared to pay any maintenance to the wife, which he is bound to pay. To such a person anticipatory bail need not be granted. 6. The crime was registered as early as on 8.8.2008 and petitioner has not surrendered either before the police or before the court so far. The investigation is therefore in a stand still. BA.7514/08 3 (1) Petitioner is directed to surrender before the investigating officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest petitioner and proceed in accordance with law. (2) It is made clear that no further application for anticipatory bail by petitioner will be entertained by this Court. Petition is dismissed. K.HEMA, JUDGE vgs.