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Rilesh Babu vs State Of Kerala on 3 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 03RD DAY OF APRIL 2019 / 13TH CHAITHRA, 1941

Bail Appl..No. 2088 of 2019

AGAINST THE ORDER/JUDGMENT IN CRL.MC 223/2019 of SESSIONS
COURT,KOZHIKODE DATED 20-02-2019

CRIME NO. 9/2019 OF Balussery Police Station , Kozhikode

PETITIONER/S:

RILESH BABU
AGED 37 YEARS
S/O. ARIYAN, KARIPPARAMEETHAL HOUSE, P.O. POONATH,
BALUSSERY, KOYILANDY TALUK, KOZHIKODE DISTRICT

BY ADV. SRI.K.P.SUDHEER

RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, REPRESENTING STATION HOUSE
OFFICER, BALUSSERY POLICE STATION, KOZHIKODE
DISTRICT, PIN – 673 612

OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.2088/2019 2

ALEXANDER THOMAS, J.
——————————————-
B.A.No.2088 of 2019
———————————————-
Dated this the 3rd day of April, 2019

ORDER

The petitioner is the sole accused in Crime No.9/2019 of

Balussery Police Station, Kozhikode, which has been registered for

offences punishable under Sections 341, 323, 324, 326, 406, 498A of

IPC.

2. The brief of the prosecution case is that after

solemnization of the marriage of the lady defacto complainant with

the petitioner/accused on 14.2.2004, she has been living along with

the petitioner/accused (husband) and one year thereafter the

petitioner used to mentally and physically harassed her and show

cruelty to her and had taken away four sovereigns of gold ornaments,

which was not returned by him and that he used to frequently alleged

that she is having extra marital relationship and that 0n 31.12.2018

at about 5 p.m. in the vicinity of the ration shop, the petitioner had

caught hold of her and forcefully pushed her down to the drainage,

thereby she hit on the stone and she had suffered fracture on her left

leg and had lost her teeth etc.

3. Per contra, the learned counsel for the petitioner would
B.A.No.2088/2019 3

submit that the above said allegations are falsely foisted against the

petitioner and that even on the date in question, she was living with

the petitioner in the same house and that she had gone to her work

in the shop of a proprietor as usual and then, on the day in question,

the petitioner had seen her travelling in the motorcycle ridden by the

Proprietor of the shop as his pillion rider in the said bike and

immediately on seeing the petitioner, the lady defacto complainant

had got embarrassed and jumped out of the motorcycle, thereby she

had fallen down and that is how she had suffered the fracture and

that the above incidents even according to Annexure-A1 FIR had

occurred on 31.12.2018 at about 5 p.m and if as a matter of fact the

versions pointed out in Annexure-A1 were correct, then certainly the

people of the locality, who had witnessed the scene, would have

interfered in the matter and also would have dealt with the petitioner

and that it is all the more so because the lady defacto complaint has

specifically stated in Annexure-A1 FIR that the people of the locality

had also seen the above said incident. Further that though the

incident narrated in Annexure-A1 FIR has taken place on 31.12.2018

at 5 p.m., the same has been reported to the Police by filing

Annexure-A1 only as late as on 4.1.2019 and that such delayed

reporting of the crime itself is indicating that it is a result of
B.A.No.2088/2019 4

afterthought etc. Further it is stated that custodial interrogation of

the petitioner is not necessary in this case and that this Court may

impose stringent conditions and may order grant of anticipatory bail

to the petitioner.

4. After having heard both sides and after examining the

above said attendant facts and circumstances, this Court is of the

view that the detention of the petitioner in jail may make the

possibility of any mediation settlement in this process rather more

difficult or impossible and in the light of the above said attendant

facts and circumstances urged before this Court, the following

directions and orders are passed:

i) The petitioner shall immediately appear before the
investigating officer in connection with Crime No.9/2019 of
Balussery Police Station for interrogation process without any
further delay at any rate by 10 a.m. on or before 16.4.2019.

ii) The investigating officer will conduct the interrogation on the
same day. If the interrogation process is not completed on the
same day, the investigating officer will be at liberty to direct the
petitioner to appear before him for further interrogation on the
next day or any day fixed by him, which the petitioner has to
comply with.

iii) The petitioner will fully co-operate with the interrogation
process, after the interrogation is over, in case the investigating
officer arrests the petitioner, then he shall be released on bail, on
his executing a bond for Rs.40,000/- each and on furnishing two
solvent sureties for the like sum, both to the satisfaction of the
investigating officer concerned.

5. Further it is also ordered that it will be subject to following

conditions:-

B.A.No.2088/2019 5

(i) The petitioner shall not involve in any criminal
offences of similar nature.

(ii) The petitioner shall fully co-operate with the
investigation.

(iii) The petitioner shall report before the Investigating
Officer as and when required in that connection.

(iv) The petitioner shall not influence witness 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.

acd
B.A.No.2088/2019 6
B.A.No.2088/2019 7
B.A.No.2088/2019 8

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