IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BABU
MONDAY, THE 30TH DAY OF SEPTEMBER 2019 / 8TH ASWINA, 1941
Bail Appl..No.6873 OF 2019
CRIME NO.1587/2019 OF Kollam East Police Station , Kollam
PETITIONER/1ST ACCUSED
MANOJ MADHUSOODHANAN
AGED 31 YEARS
SON OF MADHUSOODHANAN, SHEELA MANDIRAM,
KADAKKAL, KOTTAPURAM, ELAMZHANNOOR P.O, KOLLAM
DISTRICT
BY ADV. SRI.ALAN PAPALI
RESPONDENTS/STATE COMPLAINANT
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, KOCHI 682 031
2 THE STATION HOUSE OFFICER,
KOLLAM EAST POLICE STATION, KOLLAM DISTRICT 691
001
OTHER PRESENT:
SRI. C.K. PRASAD .PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.6873/2019
2
ORDER
1. The petitioner seeks bail under Sec.438 of Cr.P.C. He is the first
accused in crime No.1587/2018 of Kollam east police station.
He is alleged to have committed offences punishable under Secs
294(b), 323, 406, 494, 498A and 506 of the Indian Penal Code
read with Sec.34 of the said Code.
2. The prosecution case is this : The accused persons, who
number three, in furtherance of their common intention,
assaulted the first informant, abused her with obscene words
and harassed her and also treated her with cruelty. It is also
alleged that the petitioner married another girl and committed
the offence of bigamy.
3. Heard Sri.Alan Papali, the learned counsel for the petitioner and
Sri.C.K.Prasad, the learned public prosecutor.
4. Of different offences alleged against the petitioner, those which
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are non-bailable are those punishable under Secs 406 and 498A
of IPC. It appears that Sec.406 of IPC is incorporated alleging
that the cash and kind given at the time of marriage as dowry
were misappropriated by the accused persons. The allegation to
attract Sec.498A of IPC made in the FI statement is the physical
ill-treatment meted out to the first informant on 1.5.2017. As
argued by the learned counsel for the petitioner, the very filing
of the complaint has been delayed by 1½ years. The case diary
does not suggest the sustainment of any injury by the first
informant. Accused 2 and 3 have been granted anticipatory bail
by this court. Detention of the petitioner does not appear to be
necessary for an effective investigation of the case. For these
reasons, I am inclined to grant bail under Sec.438 of Cr.P.C.
5. The learned counsel for the petitioner submits that the
petitioner is employed abroad and that unless he reports for
duty on the expiry of the period of leave, he is sure to lose his
job. I am therefore not directing the petitioner to surrender his
passport. But before he leaves for the country where he is
B.A.6873/2019
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working, he shall take the permission of the magistrate to go
abroad.
6. The application is allowed. If arrested in connection with crime
No.1587/2018 of Kollam east police station, the petitioner shall
be released on bail after interrogation, if any, on his executing a
bond for Rs 75,000/- (seventy five 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 so long as he is in
India. He shall report to the investigating officer between 10.00
am and 11.00 am on all alternative days for a period of two
weeks or till the filing of the final report, whichever is earlier.
The petitioner shall not intimidate or try to influence witnesses.
Nor shall he destroy or tamper with evidence. He shall not leave
the country without the permission of the learned magistrate
having jurisdiction to try the case. The learned magistrate is
hereby empowered to cancel the bail in accordance with law if
B.A.6873/2019
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any of the above condition is violated. If the petitioner chooses
to surrender before the magistrate, this order will cease to have
effect and the learned magistrate will pass appropriate orders
as if this order has not been passed.
Sd/-
A.M.BABU
Judge
Mrcs/30.9.
/True copy/
