IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA,
1941
Bail Appl..No.817 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 2247/2019 OF DISTRICT
COURT SESSIONS COURT,THRISSUR
CRIME NO.847/2019 OF Thrissur West Police Station ,
Thrissur
PETITIONER/ACCUSED:
PAUL, AGED 51 YEARS
ADVOCATE, S/O.LATE FRANCIS, PUTHUR HOUSE,
KURIACHIRA DESOM, CHEEYARAM VILLAGE, THRISSUR
TALUK, THRISSUR DISTRICT, PIN-680006.
BY ADVS.
SRI.P.VIJAYA BHANU (SR.)
SRI.P.M.RAFIQ
SRI.AJEESH K.SASI
SRI.THOMAS J.ANAKKALLUNKAL
SRI.V.C.SARATH
SRI.VIPIN NARAYAN
SRI.M.REVIKRISHNAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
BY SR. PP SRI. SANTHOSH PETER
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 28.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No.9373 OF 2019
..2..
Bail Application No. 817 of 2020
——————————————-
ORDER
This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
2. The petitioner is the accused in Crime No. 847
of 2019 of Thrissur West Police Station registered for offences
punishable under Sections 323, 498A, 294(b), 506 and 325 of
the Indian Penal Code and under Section 75 of the Juvenile
Justice (Care and Protection of Children) Act. The de facto
complainant in the case is the wife of the petitioner. The
accusation against the accused in essence is that the
petitioner has subjected the de facto complainant to cruelty
when they were residing together.
3. Heard the learned counsel for the petitioner 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
petitioner. In the circumstances, in the light of the decision of
Bail Appl..No.9373 OF 2019
..3..
the Apex Court in Siddharam Satlingappa Mhetre v. State
of Maharashtra, (AIR 2011 SC 312), 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.
Sd/-
P.B.SURESH KUMAR
JUDGE
ds 28.02.2020