SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Against The Order In … vs By Advs.Sri.M.Sasindran on 17 March, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

FRIDAY, THE 27TH DAY OF APRIL 2018 / 7TH VAISAKHA, 1940

Bail Appl..No. 2386 of 2018
—————————————

AGAINST THE ORDER IN CRL.M.C.NO.341/2018 OF SESSIONS COURT,
THALASSERY DATED 17-03-2018

PETITIONER/ACCUSED :-
———————–

PREMARAJAN K., AGED 51 YEARS,
S/O. YESODHA, RESIDING AT M.P. HOUSE,
P.O. KANDOTH, VELLUR VILLAGE,
PAYYANNUR (VIA), KANNUR DISTRICT.

BY ADVS.SRI.M.SASINDRAN
SRI.P.K.SUBHASH

RESPONDENTS/COMPLAINANT STATE :-
———————————–

1. STATE OF KERALA – REPRESENTED BY
THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM – 682 031.

2. THE STATION HOUSE OFFICER
(CRIME NO 56/2018 CHERUPUZHA POLICE STATION,
CHERUPUZHA, KANNUR DISTRICT, PIN – 670 001.

BY SRI.C.K.PRASAD, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-04-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rkj

B.SUDHEENDRA KUMAR, J.

B.A No.2386 of 2018

Dated this the 27th day of April, 2018

ORDER

The petitioner is the accused in Crime No.56 of

2018 of Cherupuzha Police Station registered for the

offences under Sections 323, 324, 506(ii), 452 and 498A

IPC.

2. The petitioner has filed this application

under Section 438 Cr.P.C.

3. Heard.

4. The learned Public Prosecutor has no

serious objection in allowing the application.

5. The petitioner is the husband of the

defacto complainant. If the petitioner is sent to jail, the

chance for reconciliation will be hampered. Considering

the facts and circumstances of the case, I am of the view

that custodial interrogation of the petitioner is not

necessary in this case. For the said reason, I am inclined

to allow this application.

In the result, this application stands
B.A No.2386 of 2018 2

allowed under the following conditions:-

a) The petitioner shall surrender before the

Investigating Officer within ten days, if not arrested in the

meantime.

b) In the event of such surrender or arrest,

the Investigating Officer shall interrogate the petitioner

and produce the petitioner before the jurisdictional

Magistrate on the very same day.

c) In the event of production of the petitioner

before the jurisdictional Magistrate, the petitioner shall be

enlarged on bail on his executing a bond for Rs.30,000/-

(Rupees Thirty Thousand only) with two solvent sureties,

each for the like sum to the satisfaction of the learned

Magistrate and subject to the further conditions;

i. The petitioner shall report before the

Investigating Officer on every Monday between 9.00 a.m.

and 11.00 a.m. for three months, and thereafter as and

when required by the Investigating Officer for

interrogation.

ii. The petitioner shall not enter into the

jurisdiction of Cherupuzha Police Station for six months, or

till the filing of the final report, whichever is earlier,
B.A No.2386 of 2018 3

without the leave of the learned Magistrate except for the

purpose of reporting before the Investigating Officer as

directed above.

iii. The petitioner shall not get involved

in any offence during the pendency of this case.

Sd/-

B.SUDHEENDRA KUMAR,
JUDGE
rkj

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation