IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Bail Appl..No. 1183 of 2008() ----------------------------- CRIME NO.18/08 OF CHEVAYUR POLICE STATION .................... PETITIONER: ----------------- S.H.K. RAJAN, SON OF HARIHARAN KULANGARAKANDI THAZHAM, P.O.MALAPARAMBA KOZHIKODE. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1183 of 2008 ------------------------------------------------- Dated this the 11th day of March, 2008 ORDER Application for anticipatory bail. The petitioner is the husband of the de facto complainant. The marriage took place 12 years back. Two children are born in the wed-lock. The petitioner, it is alleged, has been guilty of matrimonial cruelty of the culpable variety punishable under Sec.498A of the IPC. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that strain in the matrimony is prompting the de facto complainant to make wild and reckless allegations against the petitioner. The complaint before the police was lodged by the mother-in- law of the petitioner. The crux of the allegations is that the petitioner has been inflicting mental and physical cruelty on B.A. No. 1183 of 2008 -: 2 :- the de facto complainant. He is employed in the C.I.S.F. The last episode was when he came home on a short leave. He is alleged to have assaulted the de facto complainant. She was compelled to run away from the house in search of help. She is alleged to have fallen into a well while she was so running away. There is a conflicting version as to whether she had fallen into the well or did jump in the well. Either way, the situation does not help the petitioner at all. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor has placed before me the Case Diary. I have gone through the Case Diary. I am persuaded to agree that there is merit in the opposition by the learned Public Prosecutor. I am unable to perceive any features in this case which can warrant or justify the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. This, I am satisfied, is a fit case where the petitioner must be directed to surrender before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and usual course. 4. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and seeks bail, B.A. No. 1183 of 2008 -: 3 :- 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. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge