IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Bail Appl..No. 4235 of 2009() ----------------------------- CRIME NO.499/2009 OF KAYAMKULAM POLICE STATION. PETITIONER/ACCUSED: ------------------------------------- MOHANAN AGED 45 YEARS, S/O.KRISHNAN KOLABAGATHU KIZHAKATHIL, PERINGALA MAURI, KAYAMKULAM. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN RESPONDENT/COMPLAINANT : ------------------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION,ALAPPUZHA DISTRICT. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4235 of 2009 ------------------------------------ Dated this the 3rd day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.499/2009 of Kayamkulam Police Station. 2. The offences alleged against the petitioner are under Sections 498A and 306 of the Indian Penal Code. 3. The victim is the wife of the petitioner. She attempted to commit suicide, but she did not succeed in that attempt. The learned counsel for the petitioner submitted that Section 306 of the Indian Penal Code would not lie in such circumstances. 4. From the F.I. statement given by the victim, it is clear that the present attempt to commit suicide was her third attempt. She has narrated in the statement the cruelty meted out by her husband. 5. The learned Public Prosecutor submitted that even if Section 306 is not available, Section 498 A would be B.A. No.4235 /2009 Page numbers available and that there are no grounds for granting anticipatory bail. 6. I have perused the Case Diary. 7. The facts and circumstances of the case would indicate that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm