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.
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B.A.No. 5556 of 2017
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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
-2-
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
-3-
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
