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Mansoor Ali vs State Of Kerala on 17 February, 2020

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
———————————————–
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

..4..

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

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