IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 19TH DAY OF MAY 2017/29TH VAISAKHA, 1939
Bail Appl..No. 2736 of 2017 ()
AGAINST THE ORDER IN Crl.M.C. 372/2017 of SESSIONS COURT,
MANJERI DATED 29-03-2017
CRIME NO. 55/2017 OF MELATTUR POLICE STATION, MALAPPURAM
S/O.ABDUREHMAN, POLLAKKANNAN HOUSE,
BY ADV. SRI.R.RANJITH (MANJERI)
1. THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
2. THE SUB INSPECTOR OF POLICE,
MELATTUR POLICE STATION, MALAPPURAM DISTRICT,
BY PUBLIC PROSECUTOR SRI.ALEX M. THOMBRA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19-05-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SHIRCY V., J.
B.A.No. 2736 of 2017
Dated this the 19th day of May, 2017
O R D E R
This is an application for pre-arrest bail filed under
Section 438 of Code of Criminal Procedure, 1973.
2. The petitioner is the accused in Crime No. 55/2017
of Melattur Police Station, registered for the offences
punishable under Sections 323 and 498A read with Section
34 of the Indian Penal Code.
3. The prosecution case is that this petitioner has
married the defacto complainant on 15.05.2008 and resided
together as husband and wife. While so, she was subjected
to severe illtreatment both mental and physical, demanding
more money and the petitioner has also assaulted her on
13.03.2017 and caused injuries, thereby the petitioner and
the other accused also had committed the aforesaid
4. The learned counsel for the petitioner has
submitted that the petitioner has not committed any offence
as alleged. But, he apprehends arrest by the Police and in
B.A.No.2736 of 2017 2
order to avoid unnecessary detention by police, this
application has been filed by him.
5. The learned Public Prosecutor has no serious
objection in granting bail to the petitioner as the dispute is
in between the husband and wife.
6. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
7. Having regard to the nature of the accusation
levelled against the petitioner and the present stage of the
investigation, I think that his request for pre-arrest bail can
be granted subject to the following conditions:
i) The petitioner shall be released on bail after
interrogation on his executing a bond for Rs.50,000/-
(Rupees Fifty Thousand Only) with two solvent sureties each
for the like sum, in the event of his arrest by the Police in
connection with this case.
ii) The petitioner shall appear before the
Investigating Officer for interrogation as and when required
by him, in writing.
B.A.No.2736 of 2017 3
iii) The petitioner shall not intimidate or attempt to
influence the witnesses, nor shall he tamper with the
iv) The petitioner shall not commit any offence while
he is on bail.
In case of violation of any of the above conditions, the
learned Magistrate is empowered to cancel the bail in
accordance with law.
This Bail Application is allowed.
// True Copy //
P.A. To Judge