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Babidesh Babu vs The State Of Kerala on 22 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

WEDNESDAY, THE 22ND DAY OF JANUARY 2020 / 2ND MAGHA, 1941

Bail Appl..No.17 OF 2020

CRIME NO.1904/2019 OF Kundara Police Station , Kollam

PETITIONERS/ACCUSED:

1 BABIDESH BABU
AGED 31 YEARS
S/O. BABU, BABIDESH BHAVANAM, CHUNAKKARA P. O.
MAVELIKARA – 690 534.

2 SHYLAJA
AGED 55 YEARS
W/O. SUNNY, BABIDESH BHAVANAM, CHUNAKKARA P. O.
MAVELIKARA – 690 534.

3 SUNNY
AGED 60 YEARS
S/O. MATHEW, BABIDESH BHAVANAM, CHUNAKKARA P. O.
MAVELIKARA – 690 534.

BY ADVS.
SRI.RINNY STEPHEN CHAMAPARAMPIL
SMT.ASHA ELIZABETH MATHEW

RESPONDENT/COMPLAIANT:

THE STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.

SRI.T.R.RENJITH – PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.17 OF 2020

2

Bail Application No.17 of 2020

———————————————-

ORDER

This is an application for anticipatory bail under

Section 438 of the Code of Criminal Procedure.

2. The petitioners are accused in Crime No.1904 of

2019 of Kundara Police Station registered under Section 498A,

323, 341, 294(b) read with Section 34 of the Indian Penal

Code. The defacto complainant is the wife of the first

petitioner and petitioners 2 and 3 are the parents of the first

petitioner. The accusation in the case 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 have assaulted the defacto complainant on a day at

her residence.

3. Heard the learned counsel for the petitioners

as also the learned Public Prosecutor.

4. Learned Public Prosecutor has made available

the statement given by the defacto complainant. On a

perusal of the statement, I am of the view that the case arose
Bail Appl..No.17 OF 2020

3

on account of the matrimonial dispute between the first

petitioner and the defacto complainant.

5. 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, having regard to

the nature and gravity of the accusation, the character and

antecedents of the accused, the possibility of the accused

fleeing from justice, and other facts and circumstances, I am

inclined to grant anticipatory bail to the petitioners on the

following conditions:

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

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

Bail Appl..No.17 OF 2020

4

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

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

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV

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