IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 Bail Appl..No. 1934 of 2010() ----------------------------- CRMP.2504/2004 of SESSIONS COURT,TRIVANDRUM CRIME NO.490/09 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. .................... (S): PETITIONER/IST ACCUSED ------------------------------------------ RIJU RAJ, S/O.K.RAJENDRAN, "AISWARYA", PULLUVILAKOM, PVRA 26, T.B.JUNCTION, ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL.R3 IMPLEADED : 3. PRASEEDA S., D/O.N.SATHEESH BABU, AGED 24, HOUSE NO.R7, JAI NAGAR, MEDICAL COLLEGE O.P., THIRUVANANTHAPURAM. (IMPLEADED AS PER ORDER DT. 2.6.2010 IN CRL.M.A. NO.1890/10) PUBLIC PROSECUTOR SRI.M.S.BREEZ. SRI.S.VISHNU FOR R1 SRI.S.MOHAMMED AL RAFI FOR R1 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.1934 of 2010 ---------------------------------------------- Dated 2nd June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 498A read with Section 34 of the Indian Penal Code. Petitioner is first accused in the crime. This petition was filed on 24.3.2010. During the pendency of this petition, during vacation, petitioner filed a petition under Section 482 of the Criminal Procedure Code and the following order is passed by this Court on 23.4.2010, in Crl.M.C.No.1343/2010 : “2. The learned counsel for the petitioner submitted that investigation is almost over now. Since the petitioner is willing to surrender and face trial, practically no purpose will be served by sending the petitioner to jail. 3. The petitioner is directed to surrender before the Additional Chief Judicial Magistrate Court, Thiruvananthapuram on or before 30.6.2010. On such surrender the learned Magistrate may allow the petitioner to go on bail. While releasing the petitioner on bail the learned Magistrate may impose suitable normal conditions”. BA NO.1934/10 2 3. Learned counsel for defacto complainant submitted that petitioner has managed to get an order of bail in a petition filed under Section 482 and the conduct of petitioner is not desirable. Petitioner was already released on bail, as per the order referred above, while petition for anticipatory bail was pending before this court. It was also pointed out that though defacto complainant appeared in this bail application and she has raised serious contentions, she was not made a party to the petition under Section 482 of the Criminal Procedure Code. Even pendency of anticipatory bail was not brought to court, but it was deliberately suppressed by petitioner. 4. Learned counsel for petitioner submitted that petitioner may be allowed to withdraw this petition, since petitioner applied for cancellation of bail. 5. On hearing both sides, though I find that practically no purpose will be served in proceeding with this petition, on considering the various facts and circumstances BA NO.1934/10 3 discussed above, to secure ends of justice, petitioner must be directed to pay cost to the Kerala High Court Legal Service Committee. 6. Hence, this petition is dismissed as withdrawn and petitioner shall deposit Rs.1,000/- to the Kerala High Court Legal Service Committee, within two weeks from today. K.HEMA, JUDGE. tgs