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Iruttan Ajith vs State Of Kerala on 27 February, 2020

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.697 OF 2020

CRIME NO.412/2019 OF Peringome Police Station , Kannur

PETITIONER/ACCUSED:

IRUTTAN AJITH, AGED 35 YEARS
S/O.KANNADA GANGADHARAN, ERAMAM AMSOM DESOM,
ERAMAM.P.O, KANNUR DISTRICT, PIN-673616

BY ADVS.
SRI.P.S.BINU
SRI.ZUBAIR PULIKKOOL

RESPONDENT/COMPLAINANT:

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

BY SR. P P SRI. AMJAD ALI

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 27.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No.697 OF 2020

..2..

Bail Appl..No.697 OF 2020
————————————–

ORDER

This is an application for anticipatory bail under

Section 438 of the Code of Criminal Procedure.

2. The petitioner is the sole accused in Crime No.

412 of 2019 of Peringome Police Station registered for the

offence punishable under Section 498A 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.697 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 28.02.2020

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