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Crime No. 508/2019 Of Angamali … vs By Advs on 8 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.M.BABU

MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941

Bail Appl..No. 2420 of 2019

CRIME NO. 508/2019 OF Angamali Police Station , Ernakulam

PETITIONER/ACCUSED NO.1

JOY.P.D
AGED 44 YEARS
S/O C.P. DEVASSY, PALATTY HOUSE, THURAVOOR P.O.,
ANGAMALY, ERNAKULAM DISTRICT.

BY ADVS.
SRI.ANIL K.MOHAMMED
P.JAYA
SMT.BINU K.B.
SRI.N.G.SUNIL
SRI.P.G.GOKULNATH
SRI.V.S.MANSOOR

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

OTHER PRESENT:
SRI.B.JAYASURYA SR PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.2420/2019
2

ORDER

1.Petitioner is the first accused in crime No.508/2019 of

Angamaly police station. His mother is the second accused.

The petitioner seeks bail under Sec.438 of Cr.P.C. He and

his mother allegedly committed offences punishable under

Secs 323, 341 and 498A of IPC read with IPC 34.

2.Heard Sri.Anil K.Muhamed, the learned counsel for the

petitioner and Sri.B.Jayasoorya, the learned senior public

prosecutor.

3.The allegation against the petitioner and his mother is that

they subjected the first informant to mental and physical

cruelty demanding more dowry. It is alleged that the first

informant who is the wife of the petitioner was physically

assaulted on 13.3.2019. I have perused the case diary

made available to me by the learned public prosecutor. I
B.A.2420/2019
3

have seen the wound certificate in it. The first informant

did sustain injuries, but not serious. The photograph of the

mother of the petitioner is produced as annexe-A. It shows

that she also had some injury on her forehead. I do not see

any reason to deny bail to the petitioner under Sec.438 of

Cr.P.C. Custodial interrogation does not appear to be

necessary in a case of this nature. I am therefore inclined to

allow the application.

4. The application is allowed. If arrested in connection with

crime No.508/2019 of Angamaly 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 by the investigating officer. The petitioner shall

report to the investigating officer between 10.00 a.m and
B.A.2420/2019
4

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.

Sd/-

A.M.BABU
Judge
Mrcs/8.4.

True copy

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