IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Bail Appl..No. 213 of 2009() ---------------------------- CRIME NO. 1942/2008 OF ANGAMALY POLICE STATION PETITIONER:- ------------------------------ XAVIER, S/O.DEVASSYKUTTY @ SEBASTIAN, VALLIKKADAN HOUSE, KARUKUTTY P.O. ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.WILSON URMESE SRI.MARTIN PAUL RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (REPRESENTING SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION). PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 213 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 20th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 498A IPC. According to prosecution, petitioner who is the sole accused physically and mentally harassed de facto complainant ever since the marriage and hence, the complaint. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. In fact he was attacked by de facto complainant's people and he sustained injury, but he did not go to hospital thinking about children. The marriage took place in the year 1993 and they have three children also. Only because petitioner was assaulted and sustained injury a false complaint was filed, at the instance of de facto complainant's father and brothers and petitioner may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor opposed this petition and submitted that as per the allegations, de facto complainant was physically and mentally tortured after marriage and about two years back, he even tried to set fire to her by pouring kerosene and recently, she was assaulted and she was BA 213/2009 -2- hospitalized. He also submitted that de facto complainant was beaten with a cane. 5. On hearing both sides, considering the nature of allegations made, I am satisfied that it may not be proper to grant anticipatory bail. The crime was registered as early as on 20-12- 2008 and petitioner is required for investigation. Hence, the following order is passed:- 1) Petitioner shall surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. 2) No further application for anticipatory bail in this crime by petitioner will be entertained by this Court hereafter. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.