IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 Bail Appl..No. 1360 of 2008() ----------------------------- CRIME NO.28/08 OF THE CHERTHALA POLICE STATION PETITIONER : ACCUSED ------------------------ SURESH, AGED 42 YEARS, S/O.THANKAPPAN KARTHIKA HOUSE, CHERTHALA SOUTH PANCHAYATH WARD NO:20, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAMANATHAN RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY OF KERALA THROUGH THE PUBLIC PROSECUTOR, ALAPPUZHA. 2. THE SUB INSPECTOR OF POLICE CHERTHALA POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1360 of 2008 ------------------------------------------------- Dated this the 28th day of March, 2008 ORDER Application for anticipatory bail. The petitioner is the 1st accused in a crime registered alleging offences punishable under Secs.498A and 306 of the IPC. The petitioner's wife is alleged to have committed suicide after administering poison to her two children also. Matrimonial cruelty of the culpable variety which emanated from the petitioner and his parents is the alleged cause of the suicide. The children were saved; but the wife expired later. The crime was initially registered, inter alia, for offences punishable under Sec.307 of the IPC. In the course of investigation, allegations under Secs.498A and 306 of the IPC have been raised. The marriage took place about 17 years back. The children are aged 15 years and 10 years respectively. The attempt to commit suicide took place on B.A. No. 1360 of 2008 -: 2 :- 14/1/08. The crime was registered on the same day. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He is not in any way responsible for the indiscreet conduct of his wife administering poison to the children and consuming poison herself. In any view of the matter, the petitioner does not deserve to endure the trauma of arrest and detention. The petitioner may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor points out that there are no circumstances whatsoever available in this case which can persuade this Court to invoke the extraordinary equitable discretion under Sec.438 of the Cr.P.C. The petitioner has been consistently guilty of wilful culpable conduct which had driven his wife to commit suicide, submits the learned P.P. 4. The Case Diary has been placed before me by the learned Public Prosecutor for my perusal. I have perused the same. The neighbours and the relatives of the petitioner as also the deceased have given statements indicating the complicity of B.A. No. 1360 of 2008 -: 3 :- the petitioner. The petitioner used to physically belabour his wife. He had allegedly illicit intimacy with another woman. He did not refrain from such indiscreet conduct. He used to physically assault and mentally torture his wife when she used to take objection. When the neighbours intervened, he used to deter them. The culmination of such culpable conduct was the commission of suicide by the wife. In any view of the matter, the petitioner does not deserve to issue of directions under Sec.438 of the Cr.P.C., submits the learned Public Prosecutor. 5. Having perused the Case Diary and having very anxiously considered the submissions on both sides, I find merit in the opposition by the learned Public Prosecutor. I am unable to perceive any features in this case that can justify or warrant the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. This, I agree with the learned Public Prosecutor, is an eminently fit case where the petitioner must resort to the normal and usual course of appearing before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail. 6. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the B.A. No. 1360 of 2008 -: 4 :- Investigating Officer or the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge