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Manoj Kumar vs State Of Kerala on 12 March, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 12TH DAY OF MARCH 2020 / 22ND PHALGUNA,
1941

Bail Appl..No.1390 OF 2020

CRIME NO.38/2020 OF Kanakakunnu Police Station ,
Alappuzha

PETITIONERS/ACCUSED:

1 MANOJ KUMAR, AGED 37 YEARS
S/O.LATE MADHAVAN, PUTHENPARAMBIL,
MUTHUKULAM NORTH MURI, MUTHUKULAM VILLAGE,
KARTHIKAPPALLY TALUK, KAYAMKULAM,
ALAPPUZHA DISTRICT, NOW STATIONED AT DELHI,
SERVING AS DEFENCE PERSONNEL, UNDER GREF.

2 SATHIAMMA, AGED 58 YEARS
WIDOW OF LATE MADHAVAN, PUTHENPARAMBIL HOUSE,
MUTHUKULAM VILLAGE, MUTHUKULAM NORTH MURI,
KAYAMKULAM.

3 MAYA, AGED 39 YEARS
W/O.ANIL KUMAR, KUNNEL HOUSE, PADEETTATHIL,
VADUVATTOM MURI, PALLIPPAD VILLAGE,
KAYAMKULAM.

4 MINI, AGED 40 YEARS
W/O.SOJI, MURICKUMMOOTTIL HOUSE,
KIZHAKKEKKARA THEKKUMMURIYIL,
THRIKKUNNAPPUZHA VILLAGE, KANAKAKKUNNU,
ALAPPUZHA, KERALA, 4TH ACCUSED IN F.I.R. AS @
FROM PUTHENPARAMBIL, MUTHUKULAM NORTH.

BY ADVS.
SRI.A.J.JOSE(AEDAIODI)
SRI.BABY THOMAS

RESPONDENT/COMPLAINANT:

STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
Bail Appl..No.1390 OF 2020
..2..

OTHER PRESENT:

SANTHOSH PETER SR.PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 12.03.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No.1390 OF 2020
..3..

Bail Application No. 1390 of 2020
—————————————-

ORDER

This is an application for anticipatory bail under

Section 438 of the Code of Criminal Procedure.

2. Petitioners are accused Nos. 1 to 4 in Crime

No. 38 of 2020 of Kanakakkunnu Police Station registered for

offences punishable under Sections 498A, 342, 356, 406,

294(b) and 506 of the Indian Penal Code. The first petitioner is

the husband of the de facto complainant, the second petitioner

is the mother of the first petitioner and the third and the fourth

petitioners are the sisters of the first petitioner. The accusation

against the petitioners in essence is that they have subjected

the de facto complainant to cruelty when they were residing

together.

3. Heard the learned counsel for the petitioners

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 first
Bail Appl..No.1390 OF 2020
..4..

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

anticipatory bail to the petitioners on the following conditions:

i) The petitioners shall make themselves
available for interrogation before the Investigating
Officer within ten days from today. They shall also
make themselves available for interrogation before the
Investigating Officer as and when directed by the
Investigating Officer in writing to do so;

ii) If the petitioners are arrested prior to, or after
their appearance before the Investigating Officer in
terms of this order, they shall be released from
custody on execution of bond for Rs.25,000/- (Rupees
Twenty Five Thousand only) each with two sureties
each for the like sum.

iii) The petitioners shall not influence or
intimidate the prosecution witnesses nor shall they
attempt to tamper with the evidence of the
prosecution.

iv) The petitioners shall not involve in any other
offence while on bail.

Sd/-

P.B.SURESH KUMAR
JUDGE
ds 12.03.2020

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