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Febi James vs State Of Kerala on 14 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

WEDNESDAY,THE 14TH DAY OF NOVEMBER 2018 / 23RD KARTHIKA, 1940

Bail Appl..No. 7550 of 2018

CRIME NO.775/2018 OF NENMARA POLICE STATION, PALAKKAD DISTRICT

PETITIONER/1ST ACCUSED:

FEBI JAMES, AGED 34 YEARS,
S/O.JAMES, KANJIRAMATTATHIL HOUSE,
KAYARADI, NENMARA, PALAKKAD.

BY ADVS.
SRI.JACOB SEBASTIAN
SMT.ANU JACOB
SRI.K.V.WINSTON

RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF
POLICE, NENMARA POLICE STATION IN CRIME NO.775/2018
OF NENMARA POLICE STATION, PALAKKAD-682032.

OTHER PRESENT:
SRI AMJAD ALI SR. PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA:7550/18 2

ORDER

This application is filed under Section 439 of the Cr.P.C.

2. The applicant herein is the 1 st accused in Crime No.775 of

2018 registered at the Nenmara Police Station under Sections 323

and 498A r/w. Section 34 of the IPC.

3. The de facto complainant is the wife of the applicant

herein. The prosecution allegation is that on 08.08.2018, the de

facto complainant was strangulated with a bath towel and thereafter,

she was fisted by the applicant. She also alleges mental as well as

physical harassment on the part of the applicant and his family

members.

4. The learned counsel appearing for the applicant submitted

that minor issues between the spouses have been embellished and

false accusations are now being levelled against him. The learned

counsel points out that the applicant has been in custody from

30.10.2018 onwards and seeks for his enlargement on bail.
BA:7550/18 3

5. Heard the learned Public Prosecutor.

6. The investigation appears to have progressed to the final

stages and further detention does not appear to be required.

7. In the result, this application will stand allowed. The

applicant shall be released on bail on his executing a bond for

Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties

each for the like sum to the satisfaction of the court having

jurisdiction. The above order shall be subject to the following

conditions:

1). The applicant shall appear before the Investigating
Officer on all Saturdays between 9 a.m. and 11 a.m., for
a period of three months or till final report is filed,
whichever is earlier.

2). He shall not intimidate or attempt to influence the
witnesses; nor shall he tamper with the evidence.

3). He shall not commit any offence while on bail.

4). He shall not leave India without the permission of the
Court and if having passport, shall deposit the same
before the Trial Court within a week; If release of the
passport is required at a later period, the applicant shall
be at liberty to move appropriate application before the
Court having jurisdiction.

In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the application
BA:7550/18 4

for cancellation, if any, and pass appropriate orders in accordance

with the law.

SD/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

krj //TRUE COPY// P.A. TO JUDGE

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