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[email protected] vs State Of Kerala on 15 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

WEDNESDAY, THE 15TH DAY OF JANUARY 2020 / 25TH POUSHA, 1941

Bail Appl..No.9322 OF 2019

CRIME NO.403/2019 OF CHELAKKARA POLICE STATION, THRISSUR

PETITIONER/ACCUSED:

[email protected]
AGED 39 YEARS
S/O.KOYAN, MADRASSA ADHYAPAKAN, DHARUK ISLAM MADRASSA
THODUKKAD, ANAKUTHAMPARA, VAVULYAPURAM (P.O.),
ALATHUR, PALAKKAD DISTRICT, PIN-678543.

BY ADVS.
SHRI.PRABHU K.N.
SHRI.MANUMON A.

RESPONDENT/COMPLAINANT:

STATE OF KERALA
REPRESENTED BY THE STATION HOUSE OFFICER,
CHELAKKARA POLICE STATION,
THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.

BY SRI. SANTHOSH PETER, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
15.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.9322 OF 2019 2

Bail Application No.9322 of 2019

———————————————-

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.403

of 2019 of Chelakkara Police Station registered under Sections

323, 406, 498A and 506 of the Indian Penal Code. The petitioner

is the husband of the de facto complainant. The accusation

against the accused in essence is that the petitioner has

subjected the de facto complainant to cruelty when they were

residing together.

3. Heard the learned counsel for the petitioner as

also the learned Public Prosecutor.

4. It is seen that the case is one that arose on

account of the matrimonial discord between the petitioner and

the de facto complainant.

In the circumstances, having regard to the totality of

the facts and circumstances of the case and having regard to the

decision of the Apex Court in Siddharam Satlingappa Mhetre

v. State of Maharashtra, AIR 2011 SC 312, I am inclined to
Bail Appl..No.9322 OF 2019 3

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.

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

Sd/-

P.B.SURESH KUMAR, JUDGE.

DK

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