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Crime No. 274/2019 Of … vs By Adv. Sri.H.Praveen … on 2 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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

PETITIONER/SOLE ACCUSED

AKHIL RAJ
AGED 30 YEARS
S/O.RAJENDRAN, AKHIL NIVAS, MOOZHIKODE,
KOTTATHALA WEST, PUTHUR VILLAGE, KOTTARAKARA,
KOLLAM DISTRICT.

BY ADV. SRI.H.PRAVEEN (KOTTARAKARA)

RESPONDENT/STATE
STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, KOCHI-31.

OTHER PRESENT:
SRI. B.JAYASURYA-SR.PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.04.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
B.A.1796/2019
2

ORDER

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
B.A.1796/2019
3

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
B.A.1796/2019
4

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.

Sd/-

A.M.BABU
Judge

Mrcs/2.4.

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