Court: Kerala High Court
Bench: JUSTICE R. BASANT
C.Krishnan vs State Of Kerala on 16 August, 2007
SRI.V.N.RAMESAN NAMBISAN, Adv. For the appellant.
Public Prosecutor For the respondent.
Law Point:
Anticipatory Bail in 498A
JUDGEMENT
Application for anticipatory bail. The petitioner is the husband. He faces allegations underSection 498A I.P.C. The marriage took place on 1/4/1999. Two children were born in the wedlock. There is strain in the matrimonial tie. According to the petitioner, vexatious and exaggerated allegations are being raised with the sole intention of vexing and harassing the petitioner. The petitioner is prepared to abide by any conditions. It is prayed that anticipatory bail may be granted to the petitioner.
2. The learned Public Prosecutor submits that the investigation is already complete and the final report has already been filed. In these circumstances, the investigating officer does not want to arrest the petitioner. It is for the petitioner to appear before the learned Magistrate and seek regular bail, submits the learned Public Prosecutor.
3. I find merit in the submissions of the learned Public Prosecutor. It is not necessary to issue any directions under Section 438 Cr.P.C. The petitioner, I am satisfied, must appear before the learned Magistrate and seek regular bail in the ordinary course.
4. In the result, this petition is dismissed. Needless to say, if the petitioner surrenders before the investigating officer or 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 appropriate orders on merits, in accordance with law and expeditiously on the date of surrender itself.
Hand over copy of this order to the learned counsel for the petitioner.
DISCLAIMER: The above judgement is posted for informational purpose ONLY. Printout/ Copy from this website are not admissible citation in the Court of Law. For a court admissible copy contact your advocate.
You may contact me for consultation or advice by visiting Contact Us
Leave A Comment