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Febi James vs State Of Kerala on 23 October, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

TUESDAY, THE 23RD DAY OF OCTOBER 2018 / 1ST KARTHIKA, 1940

Bail Appl..No. 6929 of 2018

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

PETITIONER/ACCUSED NO.1:

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

BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

RESPONDENT/COMPLAINANT:

STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.

BY SENIOR PUBLIC PROSECUTOR SRI.C.N.PRABHAKARAN

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.10.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

This application is filed under Section 438 of the Code of

Criminal Procedure.

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

2018 registered at the Nemmara Police Station. He along with

accused Nos. 2 and 3 face accusation for having committed offence

punishable under Sections 323 and 498A read with Section 34 of

the Indian Penal Code.

Bail Appl..No. 6929 of 2018 2

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

herein. The marriage between the applicant and the de facto

complainant was solemnized on 23.06.2012. She alleges that

from the date of her marriage, she was subjected to torture by the

accused for her failure to satisfy their demand for more dowry. She

specifically alleges that on 08.08.2018 for trivial reasons, she was

strangulated with a bath towel and thereafter, she was fisted by the

applicant. The parents of the 1st accused are also alleged to have

joined him in his offensive acts.

4. The learned counsel appearing for the applicant

submitted that there are only minor differences between the

spouses. According to the learned counsel, the allegation of

physical abuse and mental harassment is without basis.

5. The learned Public Prosecutor has made available the

wound certificate of the victim dated 08.08.2018 and would

contend that the allegations made by her is substantially

corroborated by the observations and findings of the doctor. It is

evident that she was subjected to physical torture on 8.8.2018 as

claimed by the lady.

Bail Appl..No. 6929 of 2018 3

6. I have considered the submissions advanced and have

gone through the case diary. As rightly submitted by the learned

Public Prosecutor, the de facto complainant was seen by a doctor

and he has noted some injuries on her body. The allegations are

serious and in that view of the matter, I am not persuaded to grant

an order of anticipatory bail to the applicant. However, having

regard to the fact that the dispute is between husband and wife, I

am inclined to permit the applicant to surrender before the

investigating officer and to co-operate with the investigation. I

direct the applicant to surrender before the investigating officer

within ten days from today and shall undergo interrogation. After

interrogation, the applicant shall be produced before the Magistrate

having jurisdiction. If an application for bail is preferred, with

advance notice to the Prosecutor concerned, the same shall be

considered and orders shall be passed expeditiously and on its

merits, ideally on the same day itself.

This application is dismissed.

Sd/-

RAJA VIJAYARAGHAVAN V
JUDGE
DSV/23/10/18 //TRUE COPY// P.A. TO JUDGE

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