IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE A.M.BABU
TUESDAY ,THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941
Bail Appl..No. 1796 of 2019
CRIME NO. 274/2019 OF Kottarakkara Police Station , Kollam
AGED 30 YEARS
S/O.RAJENDRAN, AKHIL NIVAS, MOOZHIKODE,
KOTTATHALA WEST, PUTHUR VILLAGE, KOTTARAKARA,
BY ADV. SRI.H.PRAVEEN (KOTTARAKARA)
STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.04.2019, THE COURT ON THE SAME DAY PASSED THE
1.Bail is sought under Sec.438 of Cr.P.C. Petitioner is the
accused in crime No.274/2019 of Kottarakara police
station. He allegedly committed offences punishable under
Secs 323, 324 and 498A of IPC.
2.Heard Sri.H.Praveen, the learned counsel for the petitioner
and Sri.B.Jayasurya, the learned senior public prosecutor.
3.The first informant and the petitioner are wife and husband
respectively. She lodged an FI statement with the police
alleging that she was beaten by him with the handle of the
bathroom cleaning brush and also attempted to cause hurt
with a machete.
4.The case diary is not available with the public prosecutor.
However, he showed me the report submitted to him by the
investigating officer. The investigating officer has stated in
the said report that no wound certificate is available since
the first informant did not go to any hospital after the
incident. It being a case where no injury is shown to have
been caused to the first informant, I find it appropriate to
grant the petitioner bail under Sec.438 of Cr.P.C. I do not
consider custodial interrogation an absolute must in the
present case. I allow the application.
5.The application is allowed. If arrested in connection with
crime No.274/2019 of Kottarakara police station, the
petitioner shall be released on bail, after interrogation, if
any, on his executing a bond for Rs 50,000/- (fifty
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 as and when
required so by the investigating officer. The petitioner shall
report to the investigating officer between 10.00 a.m and
11.00 am on every Saturday for a period of two months or
till the filing of the final report, whichever is earlier. The
petitioner shall not intimidate or try to influence witnesses.
He shall not destroy or tamper with evidence. The
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 will cease to
have effect and the learned magistrate will pass
appropriate orders as if this order has not been passed.