IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 Bail Appl..No. 7333 of 2008() ----------------------------- CRIME NO.68/2008 OF KUTHUPARAMBA POLICE STATION .................... PETITIONER/IST ACCUSED ------------------------------------------ VINOD.T.K., S/O.NANU, AGED 38 YEARS, "SOPANAM" OLD ROAD, KUTHUPARAMBA. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, KUTHUPARAMBA POLICE STATION. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 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