IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE A.M.BABU
MONDAY ,THE 14TH DAY OF JANUARY 2019 / 24TH POUSHA, 1940
Bail Appl..No. 8734 of 2018
CRIME NO. 1325/2018 OF Munambom Police Station , Ernakulam
AGED 54 YEARS
S/O.VELANDY, MULLAPARAMBIL HOUSE, CHERAI.P.O.,
PIN CODE -683514, PALLIPPURAM VILLAGE, ERNAKULAM
BY ADV. SRI.V.A.PRADEEP KUMAR
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
1.Bail is sought under Sec.438 of Cr.P.C. Petitioner
is the accused in crime No. 1325/2018 of Munambam
police station. He allegedly committed an offence
punishable under Sec.498A of IPC.
2.Prosecution case goes as follows: The petitioner
and the 1st informant are man and wife. Their
marriage was solemnised on 16.3.1997. While they
were residing together he used to harass her
stating that she did not bring sufficient money
and gold ornaments from her house.
3.Heard Sri.V.A.Pradeepkumar, the learned counsel
for the petitioner and Sri.D.Chandrasenan, the
learned public prosecutor.
4. The petitioner is the husband of the 1st informant.
The case was registered against him on her
complaint. I have gone through the case diary.
There are allegations against him by her. But the
case diary does not suggest the sustainment of any
injury by her. Admittedly proceedings are pendings
at his instance as well as her instance before the
family court. The learned counsel for the
petitioner submits that the 1st informant filed the
complaint before the police only after the filing
of a petition by the petitioner before the family
court wanting restitution of conjugal rights.
Considering all these matters, I am inclined to
grant bail under Sec.438 of Cr.P.C.
5. The application is allowed. If arrested in
connection with crime No. 1325/2018 of Munambam
police station, the petitioner shall be released
on bail after interrogation, if any, on his
executing a bond for Rs 40,000/- (forty thousand
only) with two solvent sureties each for the like
sum to the satisfaction of the investigating
officer. The petitioner shall co-operate with the
investigation. He shall make himself available for
interrogation if so required by the investigating
officer. The petitioner shall report to the
investigating officer between 10.00 am and 11.00
am on every Friday for a period of two months or
till the filing of the final report, whichever is
earlier. The petitioner shall not intimidate or
attempt to influence witnesses. Nor shall he
destroy evidence or tamper with it. Nor shall he
attempt to interfere with the investigation. The
learned magistrate having jurisdiction is hereby
empowered to cancel the bail in accordance with
law if any of the conditions mentioned above is
violated. If the petitioner surrenders before the
magistrate, this order shall have no effect and
the learned magistrate will pass appropriate
orders as if this order has not been passed.