IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 03RD DAY OF JANUARY 2019 / 13TH POUSHA, 1940
Bail Appl..No. 8635 of 2018
CRIME NO. 89/2018 OF KARIPUR POLICE STATION, MALAPPURAM
PETITIONER/ACCUSED NO.1:
RAFEEQ @ ABDUL RAFEEQ,
AGED 28 YEARS
S/O KAMMU, THOTTIYIL HOUSE, KUMMINIPARAMBA P.O.,
KONDOTTY TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENTS/STATE COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI-682031.
2 THE STATION HOUSE OFFICER,
KARIPPUR POLICE STATION,
MALAPPURAM DISTRICT
SRI T R RENJITH PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.01.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 8635 of 2018 2
ORDER
This application is filed under Section 439 of the Cr.P.C.
2. The applicant herein is the 1 st accused in Crime No.89 of
2018 of the Karippur Police Station, registered under Sections 406,
498A and 308 r/w. Section 34 of the IPC.
3. The victim is the wife of the applicant herein. On
21.10.2018, the applicant is alleged to have cornered the de facto
complainant inside the bedroom and inflicted injuries with a knife.
4. The learned counsel appearing for the applicant submitted
that the allegations are false. According to the learned counsel, the
wife was having some relationship with a near relative and when this
was questioned, a minor altercation had taken place. The injuries are
self inflicted is the contention.
5. The learned Public Prosecutor has opposed the prayer.
6. I have considered the submissions advanced and have
perused through the materials on record. The applicant has been in
custody from 13.12.2018. The case diary shows that the investigation
has progressed to the final stages. Having regard to the nature and
Bail Appl..No. 8635 of 2018 3
gravity of the allegations, the period of detention undergone and the
stage of investigation, I am of the view that by imposing stringent
conditions, the applicant can be released on bail.
In the result, this application is allowed. The applicant shall be
released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty
thousand only) with two solvent sureties each for the like sum to the
satisfaction of the court having jurisdiction. The above order shall be
subject to the following conditions:
1) The applicant shall appear before the Investigating
Officer on every Tuesdays between 9 am and 11 am, for a
period of two months or until the final report is filed
whichever is earlier.
2) He shall not intimidate or attempt to influence the
witnesses; nor shall he tamper with the evidence. He shall
not enter the house where the victim is staying nor shall he
contact her in any manner.
3) He shall not commit any offence while he is on bail.
In case of violation of any of the above conditions, the jurisdictional
Court shall be empowered to consider the application for cancellation,
if any, and pass appropriate orders in accordance with the law.
Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
IAP
