IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BABU
FRIDAY ,THE 11TH DAY OF JANUARY 2019 / 21ST POUSHA, 1940
Bail Appl..No. 8714 of 2018
CRIME NO. 732/2018 OF MEDICAL COLLEGE POLICE STATION ,
Thrissur
APPLICANT/ACCUSED
JANARDHANAN AGED 56 YEARS
S/O.GOPALAN, CHAMBAMALA PUTHENPURAYIL HOUSE,
MUNDATHIKODE VILLAGE, THALAPPILLY TALUK,
MUNDATHIKODE-680623.
BY ADVS.
SRI.P.M.RAFIQ
SMT.POOJA PANKAJ
SRI.AJEESH K.SASI
SRI.M.REVIKRISHNAN
SRI.THOMAS J.ANAKKALLUNKAL
SRI.V.C.SARATH
SRI.VIPIN NARAYAN
SRUTHY N. BHAT
RESPONDENT/COMPLAINANT
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
OTHER PRESENT:
SR.PP.D.CHANDRASENAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.8714/18
2
ORDER
1.Bail is sought. It is sought under Sec.438 of
Cr.P.C. Petitioner is the accused in crime
No.732/2018 of Medical College police station,
Thrissur. The offences alleged against him are
those punishable under Secs 294(b), 323, 324, 341,
498A and 506 of IPC.
2.The prosecution case goes as follows : The
petitioner is the husband of the 1st informant. He
subjected her to matrimonial cruelty. Voluntarily
caused her hurt by beating with a steel pipe. He
caused burn injuries with a hot pan.
3.Heard Sri.Vipin Narayan, the learned counsel for
the petitioner and Sri.D.Chandrasenan, the learned
public prosecutor.
4.Of different offences alleged against the
petitioner, the sole one which is non-bailable is
the one punishable under Sec.498 A of IPC. There
B.A.8714/18
3
are allegations against the petitioner that he
caused hurt to the 1st informant, used abusive
words against her and criminally intimidated her.
The learned public prosecutor on instructions
submits that no wound certificate is in existence.
Instead, according to him, what is available is a
treatment certificate. I have perused it. No burn
injury is noted in it. The only injury noted
therein is a contusion on the right hand. In the
circumstances it is only appropriate to allow the
request of the petitioner to grant him bail.
5.The application is allowed. If arrested in
connection with crime No.732/2018 of Medical
College police station, Thrissur, the petitioner
shall be released on bail after interrogation, if
any, on his executing a bond for Rs 40,000/-
(forty 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 if so required
by the investigating officer. The petitioner shall
B.A.8714/18
4
report to the investigating officer between 10.00
am and 11.00 am on every Friday for a period of
two months or till the filing of the final report,
whichever is earlier. The petitioner shall not
intimidate or attempt to influence witnesses. Nor
shall he destroy evidence or tamper with it. Nor
shall he attempt to interfere with the
investigation. The learned 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 court concerned,
this order shall have no effect and the court
concerned will pass appropriate orders as if this
order has not been passed.
Sd/-
A.M.BABU
JUDGE
Mrcs/11.1.19
/True copy/
P.S.To Judge