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