IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Bail Appl..No. 8124 of 2007() ----------------------------- CRIME 200/07 OF RAJAPURAM POLICE STATION PETITIONER : ----------------- RAJESH, S/O.KUMARA NAIK, RESIDING AT PERINGAYA, KALLAR VILLAGE, KALLAR, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS: ------------- THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.1.08 , THE COURT ON 15/01/2008 PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 8124 OF 2007 C ```````````````````````````````````````````````````` Dated this the 15th day of January, 2008 O R D E R Application for anticipatory bail. Petitioner is the husband of the de facto complainant. The marriage took place on 8/7/07. On 23.11.07 the husband allegedly assaulted the wife and she suffered injuries including a fracture. She informed her relatives, who took her to her house later on the same day. On the next day, she was admitted in the hospital. The doctor perceived a fracture suffered by the wife. F.I. Statement has been recorded. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. The allegations are false. The de facto complainant wants the petitioner to leave his parental home and take up separate residence. He is unwilling to do the same. To coerce and compel him to yield to her demand, BA.8124/07 : 2 : false allegations are raised against the petitioner, it is contended. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor points out the Court that the wound certificate clearly reveals a fracture. F.I. Statement reveals the circumstances under which the fracture was suffered. In any view of the matter, the petitioner does not deserve to be granted anticipatory bail. He may be directed to surrender and seek regular bail, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. More detailed discussion on merits on the facts is not necessary. Taking note of the fracture suffered by the victim, the prompt complaint filed by her and the absence of any explanation for the fracture suffered, I am satisfied that the petitioner must be left to seek the ordinary and normal course of surrendering before the investigating officer or the learned BA.8124/07 : 3 : Magistrate and then seek regular bail. 5. In the result, this petition is dismissed. Needless to say, if the petitioner surrenders before the investigating officer or the learned Magistrate and applies for 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, in accordance with law and expeditiously. (R.BASANT, JUDGE) aks