IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA,
Bail Appl..No.626 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 2704/2019 DATED 06-01-
2020 OF DISTRICT COURT SESSIONS COURT, ERNAKULAM
CRIME NO.727/2019 OF ALUVA WEST POLICE STATION
(ALANGAD) , Ernakulam
MOHAMMED MUBARAK, AGED 40 YEARS
S/O. ABDUL KHADER, PULIYATH HOUSE,
VAZHELIPARAMBU, U.C. COLLEGE P.O., ALUVA.
BY ADV. SRI.N.A.SHAFEEK
STATE OF KERALA,
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
ALUVA WEST POLICE STATION, ERNAKULAM,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI-682031.
BY SR. PP SRI. SANTHOSH PETER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 27.02.2020, THE COURT ON THE SAME DAY PASSED THE
Bail Appl..No.626 of 2020
BAIL APPLICATION No. 626 of 2020
This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
2. The petitioner is the accused in Crime No. 727
of 2019 of Aluva West Police Station registered for offences
punishable under Sections 498A, 323, 506(i), 341 and 427 read
with Section 34 of the Indian Penal Code and under Section 75
of the Juvenile Justice (Care and Protection of Children) Act.
The de facto complainant in the case is the wife of the
petitioner. The accusation against the accused in essence is
that the petitioner has subjected the de facto complainant to
cruelty when they were residing together.
3. Heard the learned counsel for the petitioner as
also the learned Public Prosecutor.
4. I have gone through the case diary. It is seen
that the dispute arose on account of the matrimonial discord
between the de facto complainant and her husband, the
petitioner. In the circumstances, in the light of the decision of
Bail Appl..No.626 of 2020
the Apex Court in Siddharam Satlingappa Mhetre v. State
of Maharashtra, (AIR 2011 SC 312), I am inclined to grant
anticipatory bail to the petitioner on the following conditions:
i) The petitioner shall make himself available for
interrogation before the Investigating Officer within ten
days from today. He shall also make himself available
for interrogation before the Investigating Officer as
and when directed by the Investigating Officer in
writing to do so;
ii) If the petitioner is arrested prior to, or after his
appearance before the Investigating Officer in terms of
this order, he shall be released from custody on
execution of a bond for Rs.25,000/- with two sureties
each for the like sum.
(iii) The petitioner shall not influence or intimidate the
prosecution witnesses nor shall he attempt to tamper
with the evidence of the prosecution.
iv) The petitioner shall not involve in any other
offence while on bail.