IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Bail Appl..No. 299 of 2009(F) ----------------------------------- CRIME NO.201/2008 OF PERUMPATTY POLICE STATION PETITIONER/ ACCUSED : ----------------------------- PRAKASH.P,AGED 38 YRS,PARAMALA THADATHIL EZHUMATTOOR, EZHUMATTOOR VILLAGE. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT/STATE : -------------------------- STATE OF KERALA REP; BY THE P.PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.299 OF 2009 -------------------------------- Dated this the 20th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 498A, 324, 506(1) of I.P.C. According to prosecution, petitioner married the defacto complainant in the year 1999 and she was physically and mentally harassed by him. On 21.12.2008, petitioner came to the house with another lady and when the defacto complainant questioned him on this, she was threatened by petitioner using a knife and she was also assaulted and she sustained injuries. 3. Learned counsel for petitioner submitted that from December, 2004 onwards petitioner and the defacto complainant are residing separately. Petitioner has not committed any offence. After 2004, she has not made any complaint. She has filed this complaint only at the behest of her family. He may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that there are serious allegations against petitioner. The defacto complainant sustained injuries and she was hospitalised also and a knife was used by petitioner. Petitioner is B.A.No.299 of 2009 2 required for interrogation and recovery of the knife used, it is submitted. On hearing both sides, considering the serious nature of the allegations made and the nature of investigation required, which includes recovery of the weapon, I am satisfied that this is not a fit case to grant anticipatory bail. The crime is registered as early as on 23.12.2008 and petitioner is bound to surrender. Hence, the following order is passed : i) Petitioner shall surrender before the investigating officer forthwith and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. ii) No further application for anticipatory bail by petitioner in this crime will be entertained by this court. The petition is dismissed. K.HEMA, JUDGE pac