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
