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Anoop Scaria vs State Of Kerala on 17 April, 2019

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

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