IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Bail Appl..No. 598 of 2008() ---------------------------- CRIME NO. 12/08 OF IRITTY POLICE STATION PETITIONER/ACCUSED ----------------------------------- P.KUMARAN, @ P.BASHEER, S/O.NARAYANAN, AGED 32 YEARS, CHALIL VALAPPIL VEEDU, KATAMKOTTU VARAM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS: ------------- STATION HOUSE OFFICER, IRITTY POLICE STATION, KANNUR DISTRICT. (CRIME NO.12/08 OF IRITTY POLICE STATION, KANNUR DISTRICT) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 598 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations for offences punishable, inter alia, under Sections 420, 406 and 498A I.P.C. Crime has been registered on the basis of a private complaint filed by the defacto complainant and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The marriage between the spouses took place on 22.5.2005. The petitioner has some physical disabilities. It is said that he deliberately made false statements to defraud and deceive the defacto complainant and her relatives and entered into matrimony with the defacto complainant. He was earlier a Hindu. He had got married. Later he converted into an Islam. He reckoned that as a licence to go on getting married. The defacto complainant was not apprised of his earlier marriages. B.A.No. 598 of 2008 2 Deliberately false statement was made that he was employed in the Revenue department. The defacto complainant and her relative agreed for the marriage. Amounts were taken away and when they were unable to part with amounts, the girl was assaulted and treated cruelly. He went away and deserted her. On euquiry it was revealed that the petitioner has been going on marrying women on such false representations. 3. The learned counsel for the petitioner submits that the petitioner is innocent. Because of the strain in the matrimony false and vexatious allegations are being made. The petitioner does not deserve to endure the trauma of arrest and incarceration. He may be granted anticipatory bail, it is prayed. 4. The learned Prosecutor opposes the application. He submits that notwithstanding the fact that the State usually takes a lenient view in the matter of anticipatory bail when allegations of matrimonial cruelty are raised, this is a fit case where the petitioner's prayer deserves to be rejected. The sequence of events in this case reveal the contumacious state of mind of the petitioner. At any rate, discretion B.A.No. 598 of 2008 3 under Section 438 Cr.P.C. does not deserve to be invoked in favour of the petitioner. 5. In the nature of the contentions raised, the learned Prosecutor was requested to place the case diary. I have perused the same. At this early stage of investigation I shall not embark on any detailed discussion on merit about the acceptability of the allegations raised or the credibility of the data collected. Suffice it to say that on an anxious consideration of all other relevant circumstances, 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 agree with the learned Prosecutor, is a fit case where the petitioner must be directed to appear 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 B.A.No. 598 of 2008 4 Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm