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Reneesh.P.M vs State Of Kerala on 12 March, 2019

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:
::2::
Bail Appl..No. 1657 of 2019

ALEXANDER THOMAS, J.
—————————–
B.A.No.1657 Of 2019
———————————
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.

::3::

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.

::4::

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/-

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