IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA,
1941
Bail Appl..No.1164 OF 2020
CRIME NO.20/2020 OF Kareelakulangara Police Station ,
Alappuzha
PETITIONERS/ACCUSED 1 2:
1 AFSAL KOYA, AGED 31 YEARS
S/O. KOYA, KANDATHIL PARAMBIL VEEDU, KEERIKAD
P.O., PATHIYOOR, KAREELAKULANGARA, ALAPPUZHA.
2 SEENA, AGED 55 YEARS
W/O.KOYA, KANDATHIL PARAMBIL VEEDU, KEERIKAD
P.O., PATHIYOOR, KAREELAKULANGARA, ALAPPUZHA.
BY ADVS.
SMT.HYMA.S
SMT.LISHA.M.G.
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, HIGH COURT P.O.,
ERNAKUKLAM-682 031.
BY SR. PP SRI. SANTHOSH PETER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 28.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Application No. 1164 of 2020
..2..
Bail Application No. 1164 of 2020
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ORDER
This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
2. The petitioners are accused Nos. 1 and 2 in
Crime No. 20 of 2020 of Kareelakulangara Police Station
registered for offences punishable under Sections 323 and
498A read with Section 34 of the Indian Penal Code. The first
petitioner is the husband of the de facto complainant and the
second petitioner is the mother the first petitioner. The
accusation against the petitioners in essence is that they have
subjected the de facto complainant to cruelty when they were
residing together.
3. Heard the learned counsel for the petitioners
as also the learned Public Prosecutor.
4. I have gone through the case diary. It is seen
that the dispute arose on account of the matrimonial discord
between the de facto complainant and her husband, the first
petitioner. In the circumstances, in the light of the decision of
the Apex Court in Siddharam Satlingappa Mhetre v. State
Bail Application No. 1164 of 2020
..3..
of Maharashtra (AIR 2011 SC 312), I am inclined to grant
anticipatory bail to the petitioners on the following conditions:
i) The petitioners shall make themselves
available for interrogation before the Investigating
Officer within ten days from today. They shall also
make themselves available for interrogation before the
Investigating Officer as and when directed by the
Investigating Officer in writing to do so;
ii) If the petitioners are arrested prior to, or after
their appearance before the Investigating Officer in
terms of this order, they shall be released from
custody on execution of bond for Rs.25,000/- (Rupees
Twenty Five Thousand only) each with two sureties
each for the like sum.
iii) The petitioners shall not influence or
intimidate the prosecution witnesses nor shall they
attempt to tamper with the evidence of the
prosecution.
iv) The petitioners shall not involve in any other
offence while on bail.
Sd/-
P.B.SURESH KUMAR
JUDGE
ds 28.02.2020