IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, 1941
Bail Appl..No.7325 OF 2019
CRIME NO.399/2019 OF KOTTAPPADY POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED:
JEBY
AGED 42 YEARS, S/O JANARDHANAN,
MANJINAKUDY, KOOVAKANDAM,
PLAMUDY, KOTTAPPADY,
ERNAKULAM DISTRICT
BY ADV. SRI.BINU PAUL
RESPONDENTS/STATE COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM – 682 031
2 INSPECTOR OF POLICE
KOTTAPPADY POLICE STATION,
ERNAKULAM DISTRICT, PIN – 686 692
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.7325 OF 2019
2
ALEXANDER THOMAS, J.
B.A.No.7325 of 2019
Dated this the 29th day of October, 2019
ORDER
The petitioner herein has been arrayed as the sole accused in the
instant Crime No.399/2019 of Kottappady Police Station, Ernakulam,
registered for offences punishable under Secs.323 498A of the Indian
Penal Code, on the basis of the FI Statement given by the lady de facto
complainant on 03.09.2019 at about 1.10 p.m., in respect of the alleged
incident which happened for the period from 01.03.2004 to 01.09.2019.
The lady de facto complainant in this case is the wife of the petitioner
herein (the sole accused).
2. The prosecution case in short is that after the marriage of the
abovesaid spouses, the petitioner has treated the lady de facto complainant
with cruelty and harassment and that he used to frequently say that she
lacks beauty and frequently had demanded that she should bring him for
more gold and money and he has assaulted her and on an occasion, he had
Bail Appl..No.7325 OF 2019
3
assaulted her by slapping on her ear and that thereby the petitioner has
committed the abovesaid offences.
3. After hearing both sides and after careful evaluation of the facts
and circumstance of this case, this Court is of the considered opinion that
the custodial interrogation of the petitioner may not be really necessary or
warranted, for effectuating the smooth and proper conduct of the
investigation in this crime. Hence, it is ordered in the interest of justice
that in the event of the petitioner being arrested in connection with the
instant crime, he shall be released on bail on his executing a bond for
Rs.40,000/- (Rupees Forty Thousand only) and on his furnishing two
solvent sureties for the like sum each to the satisfaction of the Investigating
Officer concerned. However, the above order shall be subject to the
following conditions:
(i) The petitioner shall not involve in any criminal offences of
similar nature.
(ii) The petitioner shall fully co-operate with the investigation.
(iii) The petitioner shall report before the Investigating Officer as
and when required in that connection.
(iv) The petitioner shall not influence witness or shall not tamper or
attempt to tamper evidence in any manner, whatsoever.
Bail Appl..No.7325 OF 2019
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If the petitioner violates any of the above conditions, the
jurisdictional Court concerned will stand hereby empowered to consider
the application for cancellation of bail, if required, and pass appropriate
orders in accordance with law.
With these observations and directions, the above Bail Application
will stand disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
vgd
