IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1472 of 2008() ----------------------------- CRIME 131/08 OF ADOOR POLICE STATION PETITIONER --------------------------- ANU,S/O.SASI, AGED 26 YEARS CHARUVILLA VEEDU, SHALEMPURAM, ENADIMANGALAM VILLAGE. BY ADV. SRI.AJITH MURALI RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1472 OF 2008 ```````````````````````````````````````````````````` Dated this the 10th day of March, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations under section 498A IPC. The marriage between the spouses took place on 4.12.06. They are not blessed with any children so far. Crime has been registered on the basis of a statement given by the de facto complainant before the police. In that complaint, she narrates her tale of woes in detail. She was assaulted. She was compelled to get money from her parents. She was forced to agree to mortgage a property which was purchased in the joint name of herself and the petitioner. She did not yield to that request. She was assaulted. She suffered injuries. She was sent out of the house. Local people felt pity on her and took her to her parental home. From there, she went to a Doctor. The Doctor examined and noted the injuries suffered by her. BA.1472/08 : 2 : Thereafter, the complaint was filed before the police. 2. The learned counsel for the petitioner submits that the allegations are not true. Fanciful allegations are raised against the petitioner because of the strain in the matrimony. Anticipatory bail may, in these circumstances, be granted, it is prayed. 3. The learned Public Prosecutor opposes the application. He submits that though the State takes a lenient view in anticipatory bails under section 438 Cr.P.C. in matrimonial cruelty matters, this is a case where a strict view is liable to be taken considering the sequence of events and injuries which are seen suffered by the de facto complainant. 4. I have perused the case diary also. I find merit in the opposition by the learned Public Prosecutor. I am satisfied that there are no features in this case which would justify the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must BA.1472/08 : 3 : appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. 4. 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