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Rakesh vs State Of Kerala on 13 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941

Bail Appl..No.352 OF 2020

CRIME NO.2132/2019 OF Chadayamanagalam Police Station , Kollam

PETITIONER/ACCUSED:

RAKESH,
AGED 39 YEARS
THIRUVONAM VEEDU, PATTAM,
CHADAYAMANGALAM, KOLLAM.

BY ADV. SRI.SYAM J SAM

RESPONDENT/COMPLAINANT:

STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

SRI.SANTHOSH PETER – SR.PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.352 OF 2020

2

Bail Application No.352 of 2020

———————————————-

ORDER

This is an application for anticipatory bail under

Section 438 of the Code of Criminal Procedure.

2. The petitioner is the sole accused in Crime

No.2132 of 2019 of Chadayamangalam Police Station

registered under Section 498A of the Indian Penal Code. The

defacto complainant is the wife of the accused. The

accusation in the case in essence is that the accused has

subjected the defacto complainant to cruelty when they were

residing together.

3. Heard the learned counsel for the petitioner

as also the learned Public Prosecutor.

4. On a perusal of the materials on record, I am

of the view that this is a case which arose on account of the

matrimonial discord between the petitioner and his wife, the

defacto complainant.

5. In the circumstances, in the light of the decision
Bail Appl..No.352 OF 2020

3

of the Apex Court in Siddharam Satlingappa Mhetre v.

State of Maharashtra, AIR 2011 SC 312, having regard to

the nature and gravity of the accusation, the character and

antecedents of the accused, the possibility of the accused

fleeing from justice, and other facts and circumstances, 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.

Bail Appl..No.352 OF 2020

4

iv) The petitioner shall not involve in any other
offence while on bail.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV

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