IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 17TH DAY OF APRIL 2019 / 27TH CHAITHRA, 1941
Bail Appl.No. 2506 of 2019
AGAINST THE ORDER DATED 25.03.2019 IN CR.M.P. 940/2019 of DISTRICT
COURT SESSIONS MOTOR ACCIDENT CLAIMS TRIBUNAL, KASARAGOD
CRIME NO. 16/2019 OF Rajapuram Police Station, Kasaragod
PETITIONER/ACCUSED:
ANOOP SCARIA
AGED 36 YEARS, S/O. SCARIA,
MALIAKKAL HOUSE, UDAYAPURAM, P.O. KONDOM,
VELLARIKUNDU POLICE STATION, KASARAGOD DISTRICT.
BY ADVS.
SRI.M.RAMESH CHANDER (SR.)
SMT.K.A.SANJEETHA
SRI.BALU TOM
RESPONDENT/COMPLAINANT STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI-682 031.
SRI.C.M.KAMMAPPU, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.No. 2506 of 2019
2
JUDGMENT
The petitioner is the accused in Crime No.16/2019
of Rajapuram Police Station for offence punishable
under Section 498A, I.P.C. The prosecution case is
that he had treated his wife with physical and mental
cruelty. They were residing together in Abu Dhabi and
also in his native place at Udayapuram. After coming
home in an inebriated condition, the petitioner had
assaulted his wife in different ways. He also
intimated their children. A crime was registered by
Rajapuram Police Station on complaint filed by the
defacto complainant. A complaint was also registered
before the Abu Dhabi police as well. Their marriage
was solemnized in 2011.
2. It is submitted by the petitioner that he is
willing to co-operate with the investigation and he has
denied the allegations made against him. No custodial
interrogation of the petitioner is necessary and
nothing is to be recovered from him. In view of the
fact that he is willing to co-operate with the
Bail Appl.No. 2506 of 2019
3
investigation, the petitioner is entitled to be
released on bail on his arrest.
3. In the result, the application is allowed and
in the event of the petitioner being arrested, he shall
be released on bail on the following conditions:
1) He shall execute a bond for Rs.50,000/- (Rupees
Fifty thousand only) with two solvent sureties
each for the like sum to the satisfaction of the
Magistrate having jurisdiction.
2) He shall appear before the investigating officer
as and when called for.
3) He shall not intimidate or attempt to influence
the defacto complainant or the witnesses.
4) He shall also intimate the investigating officer,
in case he is going abroad.
ASHOK MENON
dkr JUDGE