IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY ,THE 12TH DAY OF MARCH 2019 / 21ST PHALGUNA, 1940
Bail Appl..No. 1657 of 2019
CRIME NO. 50/2019 OF Kooranchundu Police Station ,
Kozhikode
PETITIONER/S:
RENEESH.P.M
AGED 40 YEARS
S/O. MATHEW, PERUMATTIKUNNEL HOUSE, KELAKAM
P.O, KANNUR DISTRICT, PIN-670 674
BY ADV. SRI.P.S.ANISHAD
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM-682 031
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.03.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Bail Appl..No. 1657 of 2019
ALEXANDER THOMAS, J.
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B.A.No.1657 Of 2019
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Dated this the 12th day of March, 2019.
ORDER
The present application is one filed under Sec.438 of the
Code of Criminal Procedure, 1973, seeking pre-arrest bail. The
petitioners are accused Nos.1 2 in Crime No.50/2019 of
Koorachundu Police Station, Kozhikode District alleging offence
punishable under Secs.498A, 341, 406, 323 and 374 of the I.P.C.
2. The 1st accused is the husband of the de-facto
complainant and the 2nd accused is the brother of the 1 st accused.
The gist of the allegation of the prosecution is that, after the
marriage, the 1st accused abused and assaulted the defacto
complainant mentally and physically. It is further seen that the
1st petitioner herein has preferred a Divorce O.P.No.201/2019
before the Family Court, Kozhikode on 15.2.2019. The petitioners
would urge that it is when the Divorce O.P was pending before the
Family Court, the defacto complainant preferred the above said
complaint before the Police alleging offence under Sec.498A.
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Bail Appl..No. 1657 of 2019
3. Heard Sri.P.S.Anishad, learned counsel appearing for
the petitioners (A-1 A-2) and Sri.Saigi Jacob Palatty, learned
Prosecutor appearing for the respondent-State.
4. Having regard to the facts and circumstances of this
case and in the light of submissions made by the learned counsel
for the petitioners and the learned Public Prosecutor and having
regard to the nature of the allegations, the quantum of punishment
with respect to the said offence and under the factual
circumstances of this case, this Court is inclined to take a view that
the plea for anticipatory bail shall be allowed.
5. In the result, it is ordered in the interest of justice that
in the event of the arrest of the petitioners herein in connection
with the Crime No.50/2019 of Koorachundu Police Station, then
they shall be released on bail on their executing a bond for
Rs.40,000/- (Rupees Fourty Thousand only) each with two solvent
sureties each for the like sum to the satisfaction of the Investigating
Officer in the abovesaid Crime, subject to the following conditions:
(i) The petitioners shall not involve in any criminal
offence of similar nature.
(ii) The petitioners shall fully co-operate with the
investigation.
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Bail Appl..No. 1657 of 2019
(iii) The petitioners shall report before the
Investigating Officer as and when required in
that connection.
(iv) The petitioners shall not influence witnesses or
shall not tamper or attempt to tamper evidence
in any manner, whatsoever.
If there is any violation of the abovesaid conditions by the
petitioner, then the jurisdictional court concerned stand hereby
empowered, to consider the plea for cancellation of bail at the
appropriate time.
With these observations and directions, the above Bail
Application stands allowed.
Sd/-
ALEXANDER THOMAS,
Judge.
bkn/-