IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 03RD DAY OF MARCH 2020 / 13TH PHALGUNA, 1941
Bail Appl..No.860 OF 2020
CRIME NO. 115 OF 2020 OF KORATTY POLICE STATION
PETITIONER:
GIMSON GEORGE, AGED 34 YEARS
S/O.P.J/GEORGE, HOUSE NO.10/173-A,PUDUSSERY
HOUSE, CHIRANGARA, KORATTY EAST P.O.,
THRISSUR DISTRCT
BY ADV. SRI.NIREESH MATHEW
RESPONDENTS/COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNKAULAM
2 THE STATION HOUSE OFFICER,
KORATTY POLICE STATION, THIRSSUR DISTRICT
OTHER PRESENT:
T.R.RENJITH SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 03.03.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No.860 OF 2020
..2..
Bail Appl..No.860 OF 2020
———————————
ORDER
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. 115
of 2020 of Koratty Police Station registered for the offence
punishable under Section 498A read with Section 34 of the
Indian Penal Code. 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
the Apex Court in Siddharam Satlingappa Mhetre v. State
of Maharashtra, (AIR 2011 SC 312), I am inclined to grant
Bail Appl..No.860 OF 2020
..3..
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.
Sd/-
P.B.SURESH KUMAR
JUDGE
ds 04.03.2020
