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Crime No. 1325/2018 Of Munambom … vs By Adv. Sri.V.A.Pradeep Kumar on 14 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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

PETITIONER/ACCUSED

ANIJAN
AGED 54 YEARS
S/O.VELANDY, MULLAPARAMBIL HOUSE, CHERAI.P.O.,
PIN CODE -683514, PALLIPPURAM VILLAGE, ERNAKULAM
DISTRICT.

BY ADV. SRI.V.A.PRADEEP KUMAR

RESPONDENT/COMPLAINANT
KERALA STATE,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA.

OTHER PRESENT:
SR.P.P-SRI.D.CHANDRASENAN.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.8734/18

2

ORDER

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
B.A.8734/18

3

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
B.A.8734/18

4

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.

Sd/-

A.M.BABU
Judge
Mrcs/14.1.19
True copy

P.S.To Judge

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