IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Bail Appl..No. 3547 of 2009() ---------------------------------- CRIME NO. 318/2009 OF TOWN SOUTH POLICE STATION, PALAKKAD .................... PETITIONER/ACCUSED: ----------------------------- BALSUBRAMANIYAN, S/O.CHAMI, KERALA POLICE HOUSING COMPLEX, QUARTERS NO.A8, KUNNATHOORMEDU, PALAKKAD. BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT/STATE: -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3547 of 2009 ------------------------------------ Dated this the 16th day of December, 2009 O R D E R This is an application for Anticipatory Bail. The necessary facts for disposal of the Bail Application are not stated in the Bail Application. At the time of arguments, I got the necessary details from the counsel, who produced the relevant papers before me for perusal. 2. The petitioner is the husband of one Sunitha. The marriage between Sunitha and petitioner took place on 09.02.1987. Two children namely, Vidhyabalu and Divyabalu were born in that wedlock. Sunitha approached the Judicial Magistrate of the First Class-III, Palakkad under the provisions of Protection of Women from Domestic Violence Act. The learned Magistrate passed an order dated 18.04.2009 directing the petitioner herein to pay Rs.3,000/- (three thousand only) towards the hostel fee of the daughter of the petitioner. The petitioner did not pay the amount. Sunitha filed an application before the learned Magistrate for taking action under Section 31 (1) and 31(2) of the Domestic Violence Act. The learned Magistrate directed the Station House Officer, Palakkad Town South Police to register a crime. Accordingly, the crime was B.A. No. 3547 of 2009 2 registered as Crime No. 318/2009. The petitioner apprehends arrest in Crime No. 318/2009 of Town South Police Station, Palakkad. 3. When this bail application came up for hearing on 09.07.2009, an order was passed to refer the matter to the Lok Adalath, on the basis of the submissions made by the learned counsel for the petitioner. Notices were issued to both parties by the Lok Adalath. However, the parties could not arrive any settlement and therefore, the matter was posted before Court. 4. The petitioner is a U.D. Clerk in the Police Department. He got sufficient salary for complying with the direction issued by the learned Magistrate under the Domestic Violence Act. There is no case that he has complied with the order. A crime is now registered against him. I do not think that there is anything wrong in that procedure. The petitioner having not complied with the order passed by the court, he is not entitled to get any discretionary relief under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln