Crime No. 507/2016 Of Balussery … vs By Adv. Sri.D.Ajithkumar on 21 August, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID

WEDNESDAY, THE 20TH DAY OF SEPTEMBER 2017/29TH BHADRA, 1939

Bail Appl..No. 5556 of 2017 ()
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CRIME NO. 507/2016 OF BALUSSERY POLICE STATION , KOZHIKODE.
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PETITIONER(S)/1ST ACCUSED:
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MOHANAKRISHNAN T.,
AGED 42, S/O. THANKAPPAN, SREESAILOM NO.208, THYCAUD P.O,
THIRUVANANTHAPURAM.

BY ADV. SRI.D.AJITHKUMAR

RESPONDENT(S)/COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM – 682031.

2. SUB INSPECTOR OF POLICE,
BALUSSERY POLICE STATION, KOZHIKODE – 673 612.

*ADDL.R3 IMPLEADED

ADDL.R3:- NISHA NAMBIAR .K, D/O.VIYAYALAKSHMI,
VANNARATHU HOUSE, BALUSSERY,VATTOLI BAZAR P.O,
KOZHIKODU, KERALA-673 612.

*ADDL.R3 IS IMPLEADED IN CRL.M.A.NO.9243/2017 AS PER ORDER
DATED 21.08.2017.

BY PUBLIC PROSECUTOR SRI.SAJJU.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 20-09-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

TS

P.UBAID, J.
– – – – – – – – – – – – – – – – – – – – – –
B.A.No. 5556 of 2017
– – – – – – – – – – – – – – – – – – – – – – – – –
Dated this the 20th day of September, 2017

O R D E R

The petitioner herein seeks pre-arrest bail under

Section 438 of the Code of Criminal Procedure on the

apprehension of arrest and custodial harassment in

connection with Crime No. 507 of 2016 of the Balussery

Police Station, registered under Sections 323, 498A and 506

of the Indian Penal Code. He is the first accused in the

above crime.

2. The defacto complainant in this case is the

petitioner’s legally wedded wife. He married her on

21.05.2014. Her complaint is that she had been mentally

and physically harassed by her husband and the in-laws.

The in-laws are already on pre-arrest bail.

3. The complainant was impleaded as the

additional second respondent, but she did not turn up to

contest the matter in spite of notice.

B.A.No. 5556 of 2017
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4. On a perusal of the complaint, I find that

there is some matrimonial issue between the petitioner and

his wife, and the present complaint is the result of the

strained matrimony. The genuineness of the allegations of

cruelty is a matter for decision on trial. I do not find the

absolute necessity of interrogation of the petitioner in

custody. It will suffice that the petitioner is directed to

report before the investigating officer for interrogation.

In the result, this petition for pre-arrest bail is

allowed. The petitioner is ordered to be released on bail on

his executing a bond with two solvent sureties for 40,000/-

(Rupees Forty Thousand only) each to the satisfaction of the

arresting officer or the court below having jurisdiction, in

case of his arrest in connection with Crime No. 507 of 2016

of the Balussery Police Station. Bail is granted on condition

that;

a) The petitioner shall report before the

Investigating Officer between 10 a.m. and 11 a.m.

B.A.No. 5556 of 2017
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on all Tuesdays for a period of two months.

b) The petitioner shall not leave the

limits of Balussery Police Station for a period of two

months.

c) The petitioner shall not in any

manner influence or intimidate the material

witnesses, or he shall not have any contact with the

material witnesses directly or over telephone or

otherwise, except for the purpose of settlement of

the matrimonial dispute, in case anybody intervened

for such a course.

Sd/-

P.UBAID
JUDGE
ds 20.09.2017
//True copy//

P.A. to Judge

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