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
