SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Antony A.J vs State Of Kerala on 5 March, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941

Bail Appl..No.743 OF 2020

CRIME NO.20/2020 OF Mulavukad Police Station, Ernakulam

PETITIONER :

ANTONY A.J.,
AGED 32 YEARS (A1),
S/O.JACOB A.X.,
ARAVINDASSERY, PANAMBUKAD,
VALLARPADAM P.O.,
ERNAKULAM DISTRICT,
KERALA-682504.

BY ADV. SRI.JOMY K. JOSE

RESPONDENTS :

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

2 STATION HOUSE OFFICER,
MULAVUKAD POLICE STATION,
PONNARIMANGALAM, ERNAKULAM,
KERALA-682504.

OTHER PRESENT:

BY SRI.AMJAD ALI, SR.PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.743 OF 2020
2

Bail Application No.743 of 2020
———————————————-

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.20

of 2020 of Mulavukad Police Station registered for the offences

punishable under Sections 354, 294(b), 506, 447, 323 and 325 of

the Indian Penal Code.

3. Heard the learned counsel for the petitioner as

also the learned Public Prosecutor.

4. The accusation against the accused in essence is

that on 22.01.2020 at about 5.00 p.m., while the defacto

complainant and other members of her family were standing in

front of her house, the accused came to the scene and assaulted

them on account of previous enmity. All the offences alleged,

except the offence punishable under Section 354 of the Indian

Penal Code are bailable.

5. The learned Public Prosecutor has made available

the case diary. The case diary reveals that there was an
Bail Appl..No.743 OF 2020
3

altercation between the accused and the defacto complainant and

other members of her family. It is alleged that in the course of the

altercation, the accused torn off the cloth worn by the defacto

complainant. From the materials on record, Prima facie, I do not

find materials to constitute the offence punishable under Section

354 IPC.

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:

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.

Bail Appl..No.743 OF 2020
4

(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

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation