IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA,
1941
Bail Appl..No.26 OF 2020
CRIME NO.1370/2019 OF Pooyapally Police Station , Kollam
PETITIONERS:
1 HARIDKUTTY, AGED 40 YEARS
S/O.SUBAIRKANNU, VADAKKUMKARA VEEDU,
KARAKKAL, KARALIKONAM, ARAKANNUR P.O., KOLLAM
DISTRICT.
2 HAJAKUTTY, AGED 48 YEARS
S/O.SUBAIRKANNU, ALSAFI MANZIL, KARAKKAL,
KARALIKONAM, ARAKANNUR P.O., KOLLAM DISTRICT.
BY ADVS.
SRI.K.V.ANIL KUMAR
SMT.RADHIKA S.ANIL
RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM. 682031
BY SR. PP SRI. SANTHOSH PETER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 27.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No.26 OF 2020
..2..
Bail Appl..No.26 OF 2020
—————————————-
ORDER
This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
2. Petitioners are accused Nos. 1 and 2 in Crime
No. 1370 of 2019 of Pooyappally Police Station registered for
offences punishable under Sections 498A, 323, 324 and 325
read with Section 34 of the Indian Penal Code. The first
petitioner is the husband of the de facto complainant and the
second petitioner is the brother of the first petitioner. The
accusation against the petitioners in essence is that they have
subjected the de facto complainant to cruelty when they were
residing together.
3. Heard the learned counsel for the petitioners
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 first
petitioner. In the circumstances, in the light of the decision of
Bail Appl..No.26 OF 2020
..3..
the Apex Court in Siddharam Satlingappa Mhetre v. State
of Maharashtra (AIR 2011 SC 312), I am inclined to grant
anticipatory bail to the petitioners on the following conditions:
i) The petitioners shall make themselves
available for interrogation before the Investigating
Officer within ten days from today. They shall also
make themselves available for interrogation before the
Investigating Officer as and when directed by the
Investigating Officer in writing to do so;
ii) If the petitioners are arrested prior to, or after
their appearance before the Investigating Officer in
terms of this order, they shall be released from
custody on execution of bond for Rs.25,000/- (Rupees
Twenty Five Thousand only) each with two sureties
each for the like sum.
iii) The petitioners shall not influence or
intimidate the prosecution witnesses nor shall they
attempt to tamper with the evidence of the
prosecution.
iv) The petitioners shall not involve in any other
offence while on bail.
Sd/-
P.B.SURESH KUMAR
JUDGE
ds 28.02.2020