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