IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 Bail Appl..No. 706 of 2008() ---------------------------- CRIME NO.119/08 OF NADAPURAM POLICE STATION : PETITIONER --------------------------- FATHIMA RASHEES, AGED 22 YEARS, D/OABDUL KADER, KEERALIL HOUSE, KOTTUVALLY VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.T.K.KUNHABDULLA RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, NORTH PARAVOOR POLICE STATION IN CRIME 119/2008, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.706 of 2008 ------------------------------------- Dated this the 7th day of February, 2008 ORDER Application for anticipatory bail. Petitioner, a woman, faces allegations in a crime registered initially under Section 174 Cr.P.C and later altered to Section 302 I.P.C. The crux of the allegations against the petitioner is that she was responsible for causing murder of her own infant child whose dead body was found floating in a well nearby. The petitioner, after allegedly committing the said act, had allegedly prepared to commit suicide. She was saved by people. She was admitted in a hospital. She is undergoing treatment now. She is being attended by a Psychiatrist, it is submitted. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. She may be saved of the undeserved trauma of arrest and detention. The petitioner is willing to abide by any appropriate conditions. 3. The learned Public Prosecutor submits that the petitioner has been arrayed as accused. But as she is undergoing treatment, there is no intention to immediately arrest the petitioner. She will have to be arrested and interrogated. Details B.A.No.706 of 2008 2 will have to be ascertained. It will have to be ascertained whether the alleged crime was committed by her and whether she has any justification for committing such crime. The possibility of matrimonial cruelty directed against her etc. will also have to be verified. In any view of the matter, it is not necessary now to permit the petitioner to arm herself with an order of anticipatory bail. The petitioner, the investigation reveals, had not shown any symptom of any mental aberration prior to the death of her child, reports the learned Public Prosecutor . 4. Having considered all the relevant inputs, I am not persuaded to agree that there are any circumstances which can justify or warrant the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. Interests of a proper and efficient investigation demand that the petitioner must be made available for custodial interrogation. Investigator is certainly entitled for an opportunity to interrogate the petitioner when she is ready to face such interrogation. I am not persuaded to agree that there is any need to issue directions under Section 438 Cr.P.C. 5. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and B.A.No.706 of 2008 3 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 and expeditiously. (R.BASANT, JUDGE) rtr/-