IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1863 of 2008() ----------------------------- CRIME NO. 47/08 OF KOLLENGODE POLICE STATION PETITIONER : ACCUSED ------------------------ CHELLA, AGED 65 YEARS W/O. PAZHANIMALA, MADAMBARAKALAM HOUSE, PALLAVOOR, PALAKKAD DISTRICT. BY ADV. SRI.K.ANAND RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. SUB INSPECTOR OF POLICE KOLLENGODE. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1863 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2008 O R D E R Application for anticipatory bail. The petitioner, a woman aged about 65 years, faces allegations in a crime registered initially under Section 324 I.P.C. and later altered to Section 302 I.P.C. consequent to the death of the victim, an 80 year old lady. The informant is the son of the deceased. The deceased used to quarrel with the accused alleging that she was having illicit intimacy with the informant. Because of this animosity, on 21.1.2008 the petitioner is alleged to have beaten the deceased with the walking stick of the deceased. She suffered a head injury. The incident took place on 21.1.2008. The F.I.R. was registered under Section 324 I.P.C. on 29.1.2008. The deceased succumbed to the injury on 9.2.2008. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. It is prayed that anticipatory bail may be B.A.No. 1863 of 2008 2 granted to save the petitioner, a 65 year old woman, from the trauma of arrest and detention. 3. The learned Prosecutor opposes the application. He submits that there are no circumstances justifying or warranting the invocation of the discretion under Section 438 Cr.P.C. The petitioner may be directed to surrender before the learned Magistrate and seek regular bail, it is submitted. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. I am unable to perceive any features in this case, which would justify the invocation of the extra ordinary equitable discretion under Section 438 Cr.P.C. in favour of the petitioner. This I am satisfied is a fit case where the petitioner must resort to the ordinary and normal procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail under Section 437/439 Cr.P.C. The petitioner can certainly in such application seek invocation of the compassion of the law in favour of women and old persons. B.A.No. 1863 of 2008 3 5. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before 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 orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm