IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Bail Appl..No. 280 of 2008() ---------------------------- CRIME 213/07 OF PERUVANTHANAM POLICE STATION PETITIONER/IST ACCUSED --------------------------------------- RAJU,MULLAMALA VEEDU, MUKKULAM KARA,KOKKAYAR VILLAGE IDUKKI DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENTS: ------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM CRIME NO, 213 OF 07 OF PERUVANTHANAM POLICE STATION) BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 280 OF 2008 ```````````````````````````````````````````````````` Dated this the 18th day of January, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations in a crime registered for offences punishable under Sections 326 and 308 IPC. The victim/de facto complainant, who had suffered serious injuries is the wife of the petitioner. It is alleged that the petitioner had an illicit relationship with the 2nd accused. The petitioner and the 2nd accused together, in furtherance of their common intention, attacked the victim. The 2nd accused had come to this Court for anticipatory bail and by order dated 3.3.08 in BA.7913/07 the said application was dismissed. 2. I have considered facts in detail in the said order. This order must be read in continuation of the said order. I am not, hence, adverting to the facts in any greater detail in this order. BA.280/08 : 2 : 3. The learned counsel for the petitioner submits that there is a chance/possibility of settlement and in these circumstances anticipatory bail may be granted to the petitioner. The learned Public Prosecutor opposes the application. Even if there is a subsequent settlement of the matrimonial disputes and the consequent disputes, the petitioner may be directed to surrender and seek regular bail, submits the learned Public Prosecutor. The matter has admittedly not been settled so far, it is submitted. 4. I find merit in the opposition of the learned Public Prosecutor. In the nature of the facts and circumstances of the case, I am not at all persuaded to invoke the extraordinary equitable discretion under Section 438 Cr.P.C. 5. In the result, with the observation that the petitioner must surrender and seek regular bail, this application for anticipatory bail is dismissed. Needless to say, if the petitioner surrenders before the investigating officer or the learned Magistrate and applies for bail, after giving sufficient BA.280/08 : 3 : 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. The petitioner can bring to the notice of the learned Magistrate all circumstances including the circumstance that the dispute is settled, if it is settled by then. (R.BASANT, JUDGE) aks