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Saji Soman vs State Of Kerala on 4 June, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 04TH DAY OF JUNE 2019 / 14TH JYAISHTA, 1941

Bail Appl..No. 3613 of 2019

CRIME NO. 730/2019 OF Alappuzha South Police Station , Alappuzha

PETITIONER/S:

SAJI SOMAN,
AGED 40 YEARS
S/O.SOMAN THYPPARAMBU HOUSE, VATTAYAL WARD,
THIRUVAMBADI.P.O. ALAPPUZHA, PIN-688002

BY ADV. SRI.C.S.MANU

RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM DISTRICT, PIN-682031

2 STATION HOUSE OFFICER,
SOUTH POLICE STATION, ALAPPUZHA ALAPPUZHA DISTRICT
PIN-688001(NOTICE TO WHOM MAY BE SERVED ON THE
PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

THER PRESENT:
SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

B.A.No. 3613 of 2019

Dated this the 4th day of June, 2019
ORDER

The petitioner is the sole accused in Crime No.730/2019 of

Alappuzha South Police Station, which has been registered for

offences punishable under Secs.498A and 506(ii) of the SectionI.P.C. The

said crime has been registered on the basis of the first information

statement/complaint of the petitioner’s wife. The prosecution case in

brief is that after the marriage of the petitioner with the lady defacto

complainant he has been harassing her demanding more money and

that on 11.5.2019 at about 12.30 p.m. the petitioner’s mother had

come to the quarters where the petitioner was staying and

immediately, thereafter the petitioner went to the home and

thereafter he quarreled with the defacto complainant over money and

he had beat her on hands and legs with belt, and consequently, the

bone of her little finger was dislocated, etc.

2. The learned Prosecutor has opposed grant of anticipatory

bail. The learned counsel appearing for the petitioner would submit

that the allegations are falsely foisted on him due to matrimonial

disputes between the parties.

3. Having heard both sides and taking note of the nature of
B.A.3613/19 – : 3 :-

the allegations as well as the attendant circumstances, this Court is

inclined to take the view that the custodial interrogation of the

petitioner may not be necessary. Accordingly, the following directions

and orders issued:

(i) The petitioner shall immediately appear before the Investigating Officer in
relation to the abovesaid Crime No. 730/2019 of Alappuzha South Police Station
and to subject himself for interrogation process at 10:00 a.m. on any day on or
before 17.6.2019.

(ii) The petitioner will fully co-operate with the Investigating Officer in the above
interrogation process.

(iii) After completing the above interrogation process, in case the Investigating
Officer arrests the petitioner in relation to the abovesaid crime, then he shall be
released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty
Thousand only) and on furnishing two solvent sureties for the like sum each to
the satisfaction of the Investigating Officer concerned.

Further it is ordered that it will be subject to the following conditions:-

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

(b) The petitioner shall fully Co-operate with the investigation.

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

(d) The petitioner shall not influence witnesses or shall not tamper or
attempt to tamper evidence in any manner, whatsoever.

If the petitioner violates all or any of the bail conditions, then

the jurisdictional court concerned will stand hereby authorised to

consider the plea for cancellation of bail, if required, in accordance

with law.

With these observations and directions, the above Bail

Application will stand finally disposed of.

Sd/-

sdk+ ALEXANDER THOMAS, JUDGE
B.A.3613/19 – : 4 :-

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