IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 17TH DAY OF FEBRUARY 2020 / 28TH MAGHA, 1941
Bail Appl..No.1162 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMP 1310/2020 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,ALATHUR
CRIME NO.48/2020 OF Wadakkancherry Police Station ,
Palakkad
PETITIONER/1ST ACCUSED:
MANSOOR ALI, AGED 34 YEARS
S/O.HABEEB RAHMAN, NALUKETTU VEEDU, GANDHI
NAGAR, 1ST STREET, KARAYAMKADU,
VADAKANCHERRY, PALAKKAD.
BY ADV. SRI.THOMAS J.ANAKKALLUNKAL
RESPONDENTS/STATE COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 SUB INSPECTOR OF POLICE,
VADAKKANCHERRY POLICE STATION,
PALAKKAD DISTRICT-678 683.
BY SR. PP SRI. SANTHOSH PETER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 17.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Application No.1162 of 2020
..2..
Bail Application No.1162 of 2020
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ORDER
This is an application for regular bail under Section
439 of the Code of Criminal Procedure.
2. The petitioner is the first accused in Crime No.
48 of 2020 of Vadakkancherry Police Station registered for
offences punishable under Sections 341, 328, 307 and 498A of
the Indian Penal Code. The accused is none other than the
husband of the de facto complainant. The accusation against
the accused in the case is that on 31.01.2020, the accused,
with the intention to commit murder of the de facto
complainant, wrongfully restrained the de facto complainant
and poured poison into her mouth. The petitioner is in custody
since 06.02.2020.
3. Heard the learned counsel for the petitioner as
also the learned Public Prosecutor.
4. The learned Public Prosecutor has made
available the case diary containing the First Information
Statement and I have perused the same. It is seen that in the
First Information Statement, the de facto complainant has also
Bail Application No.1162 of 2020
..3..
stated that after the occurrence, she has informed others that
she has consumed poison. Further, it is also seen that the
matrimonial disputes between the petitioner and the de facto
complainant were earlier resolved at the instance of the Mahal
Committee. Annexure A2 evidences the said fact. Annexure A2
indicates that the de facto complainant is a person who
threatens others that she would commit suicide.
5. Having regard to the nature of the allegations
made against the petitioner and also the fact that the
petitioner is in custody since 06.02.2020, I am inclined to
enlarge the petitioner on bail on the following terms:
(i) The petitioner shall execute a bond for a sum
of ₹50,000/- with two solvent sureties each for the
like sum to the satisfaction of the jurisdictional
court.
(ii) The petitioner shall appear before the
Investigating Officer on all Saturdays between 9.00
a.m. and 10.00 a.m. for a period of two months
from the date of release or till final report is filed,
whichever is earlier.
(iii) The petitioner shall not intimidate or attempt
to influence the witnesses nor shall he tamper with
Bail Application No.1162 of 2020
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the evidence.
(iv)The petitioner shall not commit any offence
while on bail.
(v) The petitioner shall not leave the country
without the permission of the jurisdictional court.
Sd/-
P.B.SURESH KUMAR
JUDGE
ds 17.02.2020