IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941
Bail Appl..No.9464 OF 2019
AGAINST THE ORDER DATED 30-10-2019 IN CRMC 1494/2019 OF DISTRICT
COURT SESSIONS COURT, KOZHIKODE
CRIME NO.839/2019 OF Thamarassery Police Station, Kozhikode
PETITIONER/ ACCUSED :
AKHIL VASU,
AGED 29 YEARS,
S/O.VASU, CHOLAYIL HOUSE,
KODATHAYI BAZAR, KOZHIKODE
BY ADV. SRI.SUNNY MATHEW
RESPONDENTS/ COMPLAINANTS STATE :
1 THE STATION HOUSE OFFICER,
THAMARASSERY POLICE STATION,
KOZHIKODE DISTRICT
2 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
COCHIN – 682 031
BY SR.PUBLIC PROSECUTOR SRI.SANTHOSH PETER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.9464 OF 2019
2
Bail Application No.9464 of 2019
———————————————-
ORDER
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure.
2. The petitioner is the sole accused in Crime No.839 of
2019 of Thamarassery Police Station registered for the offences
punishable under Sections 323, 325 and 498A read with Section 34 of
the Indian Penal Code.
3. Heard the learned counsel for the petitioner as also
the learned Public Prosecutor.
4. The defacto complainant is the wife of the accused.
The accusation against the accused in essence is that the accused has
subjected the defacto complainant to cruelty when they were residing
together. It is also alleged that the accused assaulted the defacto
complainant.
5. Having heard the learned counsel for the petitioner
and also having perused the materials on record, I am of the view that
the case arose on account of the matrimonial discord between the
defacto complainant and her husband, the petitioner.
6. In the circumstances, in the light of the decision of the
Apex Court in Siddharam Satlingappa Mhetre v. State of
Maharashtra, AIR 2011 SC 312, I am inclined to grant anticipatory bail
to the petitioner on the following conditions:
Bail Appl..No.9464 OF 2019
3
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
rkj JUDGE
