IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 Bail Appl..No. 8001 of 2007(A) ------------------------------ CRIME 446/07 OF VALIYATHURA POLICE STATION .................... PETITIONER --------------------------- ASEEM, S/O.SHAHUL HAMEED, AGED 32 YEARS, T.C.35/603, PRIYADARSINI NAGAR, VALLAKKADAVU, THIRUVANANTHAPURAM. BY ADV. SRI.P.M.HABEEB RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.446 OF 2007 OF VALIYATHURA POLICE STATION). BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 8001 OF 2007 C ```````````````````````````````````````````````````` Dated this the 9th day of January, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations under Sections 332 and 354 IPC. A lady co- worker, who had secured employment under the Dying-in- Harness scheme, was being vexed and harassed by the petitioner. She complained to her superior officials. As a retaliation against that, the petitioner allegedly indecently assaulted her and deterred her from discharging her official duty. This is the allegation against the petitioner. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Even the de facto complainant has subsequently withdrawn her allegations, it is submitted. In these circumstances, it is prayed that the petitioner may be saved of the undeserved trauma of arrest BA.8001/07 : 2 : and detention. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that this is a fit case that the petitioner may be directed to surrender before the learned Magistrate and seek regular bail. There is no feature available in this case which can justify or warrant the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C., submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I agree with the learned Public Prosecutor that this is a fit case where the petitioner must be directed to surrender before the learned Magistrate and seek regular bail in the ordinary course. If there is settlement/composition as contented by the petitioner - of which fact the learned Public Prosecutor is not aware of, the petitioner can bring that fact to the notice of the learned Magistrate when the application for regular bail is taken for consideration. BA.8001/07 : 3 : 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