IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Bail Appl..No. 4225 of 2008() ----------------------------- CRIME NO.199/08 OF CHINGAVANAM POLICE STATION PETITIONER/IST ACCUSED --------------------------------------- RUBLE KURIAKOSE, AGED 33, S/O.DEVASYA KURIAKOSE, KUNNATH HOUSE, MALAKUNNAM P.O., CHANGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SRI.MANJU ANTONEY SRI.BIJU GOPAL RESPONDENTS: STATE -------------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, CHINGAVANAM POLICE STATION, KOTTAYAM DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4225 of 2008 ----------------------------------------- Dated this the 4th July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 498A of Indian Penal Code. On a complaint filed by the petitioner's wife, a crime is registered under Section 498A IPC against the petitioner and others. According to complainant, petitioner married the de facto complainant on 18.6.2006 and thereafter, she was subjected to physical and mental cruelty by the petitioner and his close relatives. 3. Learned counsel for petitioner submitted that the petitioner was working abroad and the charge sheet has already been laid and hence, anticipatory bail may be granted to the petitioner. 4. This petition is opposed. According to learned Public Prosecutor, the crime is registered as early as on 17.5.2008 and the petitioner was not available for arrest or for investigation. Charge sheet has been laid showing the petitioner as absconding, since the petitioner was not available. 5. In the above circumstances, I find that it is not a fit case to grant anticipatory bail especially since the petitioner was not BA.4225/08 2 making himself available for long time. As learned Public Prosecutor would put it there is nothing to show that the petitioner was working abroad. Learned counsel for petitioner submitted that a direction may be issued to the Magistrate Court to consider the bail application on the same day of filing of the same. I am confident that even without a direction, any application filed before a court will be disposed of in accordance with law. Hence, this petition is dismissed. K.HEMA, JUDGE vgs.