RAJESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the husband of the defacto complainant, Sheela, and who is the accused in Crime No.18/2007 of Chavara Thekkumbhagam Police Station for offences punishable under Sections 498-A, 323 and 326 IPC, seeks anticipatory bail.

(2.) The marriage between the petitioner and Sheela was in the year 2005 and one child is also born in that wedlock. The case of the defacto complainant is that on questioning her husband about his extra marital affair, he assaulted her resulting in sustaining fracture of her left leg.

(3.) Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer and then to have his application for regular bail ordered by the Magistrate concerned. Accordingly, the petitioner is directed to surrender before the Investigating Officer on any day between 20.3.2007 and 22.3.2007 for the purpose of interrogation. Thereafter, the petitioner shall be produced on the same day before the Magistrate concerned, who shall release him on bail on appropriate conditions. The application is disposed of as above.