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Jijo Babu vs State Of Kerala on 22 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

WEDNESDAY, THE 22ND DAY OF JANUARY 2020 / 2ND MAGHA, 1941

Bail Appl..No.9307 OF 2019

CRIME NO.3650/2019 OF KOTTARAKARA POLICE STATION, KOLLAM

PETITIONER/ACCUSED:

JIJO BABU,
AGED 39 YEARS,
S/O.BABU, RESIDING AT CHARUVILA THEKKETHIL VEEDU,
PERUMKULAM.P.O., KOTTARAKKARA, KOLLAM-691506.

BY ADVS.
SMT.BHANU THILAK
SRI.K.S.HARIHARAPUTHRAN

RESPONDENTS/COMPLAINANTS:

1 STATE OF KERALA,
THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682031.

2 THE STATION HOUSE OFFICER,
KOTTARAKKARA POLICE STATION,
KOLLAM DISTRICT-691006,
THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682031.

BY SRI. T.R.RENJITH, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Application No.9307 of 2019

2

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.3650 of 2019 of Kottarakara Police Station registered under

Section 498A of the Indian Penal Code. The accused is none other

than the husband of the de facto complainant. The accusation in

the case in essence is that the accused has subjected the defacto

complainant to cruelty when they were residing together.

3. Heard the learned counsel for the petitioner as

also the learned Public Prosecutor.

4. It is seen that the case is one which arose on

account of the matrimonial discord between the accused and the

de facto complainant.

5. 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, having regard to the nature and

gravity of the accusation, the character and antecedents of the

accused, the possibility of the accused fleeing from justice, and

other facts and circumstances, I am inclined to grant anticipatory
Bail Application No.9307 of 2019

3

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.

DK

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