IN THE HIGH COURT OF KERALA AT ERNAKULAM
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
AGED 38 YEARS
S/O ALI, PANNIYAM PALLI HOUSE, ERAVANNUR, NARIKKUNI,
SRI.PAUL P. ABRAHAM
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI-31 THROUGH S.H.O., NALLALAM POLICE,
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.01.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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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,
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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
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.
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