IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Bail Appl..No. 1026 of 2008() ----------------------------- CRIME NO. 52/08 OF KALPAKANCHERY POLICE STATION PETITIONER/3RD ACCUSED --------------------------------------- NAFEESA PARAMBAN, W/O.ABOOBACKER SIDDIQUE, KANNAMTHODI HOUSE, POST VALAVANNUR, VIA KALPAKANCHERY, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1026 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February, 2008 O R D E R Application for anticipatory bail. The petitioner is the mother-in-law of the deceased. The marriage took place on 16.12.2007. Suicide of the daughter-in-law took place on 6.2.2008. The husband and father-in-law of the deceased are accused 1 and 2. Petitioner is the third accused. The husband and the father-in-law, after the marriage, had already gone abroad. The deceased was left in the matrimonial home with the petitioner. The deceased had raised allegations to her relatives that she was subjected to matrimonial cruelty of the culpable variety at her matrimonial home by the petitioner herein. She was treated like a servant. She wanted to go home for the marriage of her close relative. That was not permitted. Unable to stand the trauma and cruelty at the matrimonial home, the young bride allegedly committed suicide on 6.2.2008. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. B.A.No. 1026 of 2008 2 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The allegations are raised vexatiously and without any element of truth. The petitioner is a woman aged about 46 years. She is afflicted with diseases. She may not be subjected to the trauma of arrest and detention. Anticipatory bail may be granted to the petitioner, subject to any appropriate conditions, submits the learned counsel. 3. The learned Prosecutor opposes the application. He submits that the allegations reveal great insensitivity on the part of the petitioner to her daughter-in-law, who had walked into the matrimonial home after marriage. Within 56 days of the marriage the bride was compelled to commit suicide. The learned Prosecutor in these circumstances submits that anticipatory bail may not be granted to the petitioner. 4. I have considered all the relevant inputs. The laudable yearning which prompted the legislature to enact Section 498A I.P.C. is certainly to ensure that the bride is not subjected to vexation and harassment at the matrimonial home. The presumptions under Section 113 A & B of the B.A.No. 1026 of 2008 3 Evidence Act are also there. Considering the totality of materials presently available, I am not persuaded to invoke 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 in the ordinary course. 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) tm Judge