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Noufal vs The State Of Kerala on 20 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

MONDAY, THE 20TH DAY OF JANUARY 2020 / 30TH POUSHA, 1941

Bail Appl..No.9526 OF 2019

AGAINST THE ORDER/JUDGMENT IN CRMC 2058/2019 DATED 21-12-2019 OF
DISTRICT COURT SESSIONS COURT,THRISSUR

CRIME NO.738/2019 OF KAIPAMANGALAM POLICE STATION, THRISSUR ,
Thrissur

PETITIONER/S:

NOUFAL
AGED 55 YEARS
S/O.PAREEKUTTY, RESIDING AT AMBALATH VEETIL, CHOOLOOR
DESOM, EDATHTHIRUTHY VILLAGE, KODUNGALLOOR TALUK,
VALAPAD.P.O, THRISSUR DISTRICT, PIN-680567

BY ADVS.
SRI.K.R.AVINASH (KUNNATH)
SRI.ABDUL RAOOF PALLIPATH
SRI.PRAJIT RATNAKARAN
SHRI. RAJ CAROLIN V.

RESPONDENT/S:

1 THE STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031

2 THE STATION HOUSE OFFICER,
KAIPAMANGALAM POLICE STATION, THRISSUR, PIN-680681

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No. 9526/2019
2

Bail Appl. No.9526 of 2019

——————————————

Dated this the 20th day of January, 2020

ORDER

This is an application for anticipatory bail under Section.438

of the Code of Criminal Procedure.

2. The petitioner is the first accused in Crime

No.738/2019 of Kaipamangalam Police Station registered under Section

31 of the Protection of Women from Domestic Violence Act, 2005 and

also under Sections 294(b), 506(i) and 498A read with Section 34 of the

Indian Penal Code. The second accused is the mother of the first

accused and the third accused is the sister of the first accused. The de

facto complainant is the wife of the first accused.

3. The accusation against the accused in the case in

essence is that they have subjected the de facto complainant to cruelty

when they were residing together and also that they violated an order

passed under the Protection of Women from Domestic Violence Act,

2005.

4. Heard the learned counsel for the petitioner as also

the learned public prosecutor.

5. It is seen that the dispute arose on account of the

matrimonial discord between the first accused and the de facto
B.A.No. 9526/2019
3

complainant. The mother and sister of the first accused who are

accused 2 and 3 respectively in the case have already been granted

anticipatory bail. Having regard to the totality of the facts and

circumstances and the relationship between the parties, I am inclined

to grant anticipatory 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.

P.B.SURESH KUMAR, JUDGE

SM

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