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Maneesh vs State Of Kerala on 10 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

THURSDAY, THE 10TH DAY OF OCTOBER 2019/ 18TH ASWINA, 1941

Bail Appl..No.5860 OF 2019

CRIME NO.876/2019 OF Thrikunnappuzha Police Station,
Alappuzha

PETITIONER:ACCUSED :-

MANEESH,
AGED 28 YEARS,
S/O. MADHUSOODANAN,
PUTHENMANNEL, AZHEEKAL MURI,
ALAPPAD VILLAGE, AZHEEKALTHURA P.O.,
KARUNAGAPPALLY, KOLLAM DISTRICT 690 547.

BY ADVS.
SRI.JOSEPH GEORGE
SRI.BIJO THOMAS GEORGE
SMT.NICEY A. MENON
SRI.P.A.REJIMON

RESPONDENT:

STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

PUBLIC PROSECUTOR-SRI.SUMODU.P.N.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 10.10.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appln.No.5860 of 2019

..2..

ORDER

This is an application for anticipatory bail filed under

Section 438 of Cr.P.C. by the petitioner who is the husband of

the de facto complainant in Crime No.876 of 2019 of

Thrikunnapuzha Police Station alleging commission of offences

punishable under Sections 323, Section324, Section498A and Section506(ii) of IPC.

2. The prosecution case is that the accused physically

and mentally harassed the de facto complainant between

19.8.2015 and 17.7.2019. It is alleged that on 17.7.2019 at

about 5.30 pm., the petitioner demanded dowry and assaulted

the de facto complainant with a wooden stick on the chest and

thereafter tightened a belt on the neck by threatening to kill

her. It is further alleged that the petitioner also assaulted the

father of the de facto complainant and caused injury.

3. Heard the learned counsel for the petitioner and the

learned Public Prosecutor for the respondent-State. Perused

the case diary.

4. The petitioner is the husband of the de facto

complainant. Their marriage was solemnized on 19.8.2015.
Bail Appln.No.5860 of 2019

..3..

On account of matrimonial disputes, the de facto complainant

filed M.C.No.109/2018 before the Judicial First Class

Magistrate Court-I, Haripad under Section 12 of the Protection

of Women from SectionDomestic Violence Act, 2005 alleging domestic

violence and demanding monetary relief from the petitioner.

The petitioner also filed O.P.(HMA)No.297/2018 before the

Family Court, Chavara for restitution of conjugal rights.

However, the spouses agreed to settle the dispute amicably by

virtue of Annexure-A2. Consequently, M.C.No.109/2018 was

withdrawn and O.P.(HMA)No.297/2018 is pending.

5. Considering the facts and circumstances narrated

above, it is disclosed that the parties are at loggerheads and

they have been residing separately. In view of the fact that

matrimonial dispute exists between the parties, this Court is of

the view that this is a fit case for granting pre-arrest bail to

the petitioner.

6. In the result, the petition is allowed and it is

ordered as follows. In the event of arrest the petitioner shall

be released on bail on the following conditions:-
Bail Appln.No.5860 of 2019

..4..

i) The petitioner shall execute a bond for
Rs.50,000/- (Rupees Fifty thousand only) with
two sureties each for the like amount in the
event of his arrest by the police in Crime
No.876 of 2019 of Thrikunnapuzha Police
Station.

ii) The petitioner shall appear before the
Investigating Officer as and when required by
the Investigating Officer.

iii) The petitioner shall not in any manner
intimidate or influence the prosecution
witnesses.

iv) If the petitioner violates any of the conditions
of bail, it is open to the Court having
jurisdiction over the case to cancel his bail
without any further orders from this Court but
in accordance with law.

Sd/-

N.ANIL KUMAR,
JUDGE
skj

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