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Sakkariya vs State Of Kerala on 28 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

MONDAY ,THE 28TH DAY OF JANUARY 2019 / 8TH MAGHA, 1940

Bail Appl..No. 350 of 2019

CRIME NO. 391/2018 OF KAKKOOR POLICE STATION , KOZHIKODE

PETITIONER/ACCUSED:

SAKKARIYA,
AGED 38 YEARS
S/O ALI, PANNIYAM PALLI HOUSE, ERAVANNUR, NARIKKUNI,
ERNAKULAM-673 585.

BY ADVS.
SRI.SANTHARAM.P
SMT.AMRUTHA RAJ
SMT.REKHA ARAVIND
SRI.PAUL P. ABRAHAM

RESPONDENT/COMPLAINANT:

STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI-31 THROUGH S.H.O., NALLALAM POLICE,
KOZHIKODE DISTRICT.

OTHER PRESENT:
PP SMT.K.K.SHEEBA

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.01.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No. 350/2019 -2-

ORDER

The petitioner is the accused in Crime No. 391 of 2018 of

Kakkoor Police Station for offences punishable under Sections 323,

324, 498A and 406 r/w Section 34 IPC.

2. The case of the prosecution is as follows:

The petitioner and his family subjected the de facto complainant,

the wife of the petitioner, to mental and physical cruelty demanding

money and gold and misappropriated the gold ornaments belonging to

the complainant. On 20.12.2018, at 8 p.m., the petitioner allegedly

assaulted the de facto complainant with hand and ‘kulachil’.

3. The learned counsel for the petitioner argued that the injuries

alleged to have sustained are self-inflicted and the complaint is filed

with an intention to falsely implicate the petitioner.

4. I have heard the learned Public Prosecutor as well. She has

strongly opposed the application.

5. The wound certificate would reveal that no serious injuries

was sustained to the de facto complainant. In fact, the case is an

outcome of the quarrel between the husband and wife. The rest of the

accused were already obtained bail from the Sessions Court,

Kozhikode.

B.A. No. 350/2019 -3-

6. Considering the possibility of settlement and the fact that the

matter pertains to matrimonial dispute, I am of the view of that the

detention of the petitioner behind the bars will create many problems

and the possibility of reunion will be less. Therefore, I am inclined to

grant anticipatory bail by invoking Section 438 of the Cr.P.C on the

following conditions:

1. The petitioner herein shall surrender before the SHO,
Kakkoor Police Station on or before 12.02.2019 between 10
a.m and 11 a.m. and he shall be released on bail on
executing a bond for Rs.50,000/- (Rupees fifty thousand
only) with two solvent sureties each for the like sum to the
satisfaction of the Investigating Officer.

2. The petitioner shall appear before the Investigating Officer
between 9 a.m. and 10 a.m. on every alternate Saturdays for
two months commencing from 16.02.2019 or till the charge
sheet is filed, whichever is earlier.

3. The petitioner shall not influence the witnesses or tamper
any evidence in this case. He shall not cause any annoyance
to the peaceful life of the de facto complainant.

4. The petitioner shall not commit any offence while on bail.

5. If the petitioner violates any of the above conditions, the bail
granted to him shall stand cancelled, forthwith.

This application is allowed as above.

sd/-

ANNIE JOHN,
JUDGE.

Rv
B.A. No. 350/2019 -4-

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