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