IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Bail Appl..No. 2320 of 2010 ----------------------------- CRIME NO.305/2006 OF KOTHAMANGALAM POLICE STATION LPC.31/2010 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM .................... PETITIONER/ACCUSED: -------------------------- RENJAN, S/O. KUMARAN, PALLATHUVEETIL, NEAR EXCISE OFFICE,' MAAMALA, THIRUVANIYOOR. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT/COMPLAINANT: -------------------------------- THE STATION HOUSE OFFICER, KOTHAMANGALAM POLICE STATION, ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. NOBLE MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2320 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of April, 2010 O R D E R This is an anticipatory bail application filed by the accused in Crime No.305 of 2006 of Kothamangalam Police Station, Ernakulam District under section 438 of Cr.P.C. 2. The de facto complainant is the wife of the petitioner. She has filed a private complaint before the Judicial Magistrate of the First Class, Kothamangalam, alleging harassment by the petitioner demanding dowry, an offence punishable under section 498A IPC. The learned Magistrate forwarded the complaint to the police. The police, after investigation of the case, filed charge sheet before the learned Magistrate who took it on file as C.C. No.427 of 2006. As the petitioner was absconding, the case was transferred to the long pending register as LPC No.31 BA No.2320/2010 2 of 2010. Now warrant is pending against the petitioner. 3. It is alleged in the petition that the petitioner is unaware of the proceedings before the lower court, that the de facto complainant obtained an ex parte order of divorce from the Family Court, Ernakulam and has married another person, that if the petitioner surrenders before the Magistrate, he will be remanded to judicial custody and that therefore, the learned Magistrate may be directed to release him on bail, if he surrenders before the Magistrate. 4. Notice given to the learned Public Prosecutor. Heard learned counsel for the petitioner and the learned Public Prosecutor. 5. Anticipatory bail cannot be granted in a case of this nature, as the case is now pending before the lower court and warrant is pending against the petitioner. That being so, the petition has to be dismissed. 6. The petitioner is directed to surrender before the lower court on or before May 15, 2010 and on such surrender, the lower court shall consider his bail BA No.2320/2010 3 application, if any, on the date of his surrender itself and pass appropriate orders. This petition is therefore dismissed. P.Q. BARKATH ALI, JUDGE mn/-