IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 Crl.MC.No. 857 of 2009() ------------------------ (CRIME NO.16/2009 OF HOSDURG POLICE STATION) ------------------ PETITIONER/ACCUSED: --------------------------- SINDHU B., AGED 32 YEARS, W/O.HARICHANDRA K, AMRUTHA NIVAS, HOSDURG VILLAGE. BY MR.SURESH KUMAR KODOTH,ADVOCATE RESPONDENT/RESPONDENT & STATE: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, HOSDURG POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR MR.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------- CRL.M.C.NO.857 OF 2009 (B) ----------------------------------- Dated this the 13th day of March, 2009 O R D E R This petition is filed with a prayer to quash all further proceedings in Crime No.16/2009 of the Hosdurg Police Station. The petitioner herein is a housewife and the allegation against her is that while the husband was sleeping in the veranda of the house, she boiled water, put chilly powder in it and threw it at the face of the husband resulting in serious injuries including affecting the eyeballs. The police has filed or initiated action under Section 326 of the Indian Penal Code. At this stage, I do not want to go into the merits or demerits of the case. But there are materials available for a proper investigation of the case including one under Section 326 of the IPC, and therefore, there is no need to quash the criminal proceedings. So, the said prayer is rejected. The present petitioner moved an application for anticipatory bail before this Court, which was dismissed with a direction to CRL.M.C.857/09 2 surrender and I am told that till she has not surrendered, and therefore, if she surrenders before the Court and moves and application for bail, I direct the Court below to consider the bail application on that day itself after giving due notice to the Public Prosecutor. In order to enable the Court to pass appropriate orders, the surrender as well as the filing of the bail application shall be on the early hours of the working day. With the above observations, this Criminal M.C. is disposed of. M.N.KRISHNAN JUDGE prp J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 6th November, 2008