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Ajith vs State Of Kerala on 27 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA,
1941

Bail Appl..No.9456 OF 2019

CRIME NO.1938/2019 OF Karunaagapally Police Station ,
Kollam

PETITIONER/1ST ACCUSED:

AJITH, AGED 22 YEARS
ACHU MANDIRAM, PULIYOOR VANCHI NORTH,
THAZHAVA.P.O, THODIYOOR VILLAGE,
KOLLAM DISTRICT, PIN-690523

BY ADVS.
SRI.K.SIJU
SMT.S.SEETHA

RESPONDENTS/STATE:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM PIN-682031

2 THE STATION HOSUE OFFICER,
KARUNAGAPPALLY POLICE STATION,
KOLLAM, PIN-690518

BY SR. PP SRI. SANTHOSH PETER

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 27.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No. 9456 of 2019

..2..

BAIL APPLICATION No. 9456 of 2019
——————————————-

ORDER

This is an application for anticipatory bail under

Section 438 of the Code of Criminal Procedure.

2. The petitioner is the first accused in Crime No.

1938 of 2019 of Karunagappally Police Station registered for

offences punishable under Sections 294(b), 323, 506 and 498A

read with Section 34 of the Indian Penal Code. The de facto

complainant in the case is the wife of the petitioner. The

accusation against the accused in essence is that the

petitioner has subjected the de facto complainant to cruelty

when they were residing together.

3. Heard the learned counsel for the petitioner 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

petitioner. In the circumstances, in the light of the decision of

the Apex Court in Siddharam Satlingappa Mhetre v. State
Bail Appl..No. 9456 of 2019

..3..

of Maharashtra, (AIR 2011 SC 312), I am inclined to grant

anticipatory bail to the petitioner on the following conditions:

i) The petitioner shall make himself available for
interrogation before the Investigating Officer within ten
days from today. He shall also make himself available
for interrogation before the Investigating Officer as
and when directed by the Investigating Officer in
writing to do so;

ii) If the petitioner is arrested prior to, or after his
appearance before the Investigating Officer in terms of
this order, he shall be released from custody on
execution of a bond for Rs.25,000/- with two sureties
each for the like sum.

(iii) The petitioner shall not influence or intimidate the
prosecution witnesses nor shall he attempt to tamper
with the evidence of the prosecution.

iv) The petitioner shall not involve in any other
offence while on bail.

Sd/-

P.B.SURESH KUMAR
JUDGE
ds 28.02.2020

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