IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 24TH DAY OF MAY 2019 / 3RD JYAISHTA, 1941
BAIL APPL.NO. 3575 OF 2019
CRIME NO. 795/2019 OF KADAKKAL POLICE STATION , KOLLAM
SALIM, AGED 49 YEARS,
S/O.ABDUL RAZAK, SUMMI COTTAGE, SIDE WALL,
MANKODU VIALGLE, KOTTARAKKARA TALUK,
KOLLAM DISTRICT 691 506.
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 31.
2 THE STATIN HOUSE OFFICER,
KADAKKAL POLICE STATION, KOLLAM 691 536.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
B.A. No. 3575 of 2019
Dated this the 24th day of May, 2019
The petitioner is the sole accused in crime
No.795/2019 of Kadakkal Police Station, which has been
registered for offences punishable under Secs.498A, 323 324
2. The brief of the prosecution case is that, the petitioner
had married the lady defacto complainant in this case on
3.1.2008, and thereafter they were living together as spouses, the
petitioner accused had physically and mentally harassed her, and
that on 28.4.2019 he had assaulted her and when the brother had
questioned the same, she was again assaulted by the accused on
2.5.2019 at 2.30 pm with a torch.
3. The learned Prosecutor was requested to get
instructions so as to ascertain the nature of the injuries allegedly
sustained by the victim, and now it has been submitted by the
learned Prosecutor that it is stated in the wound certificate that
the victim had suffered minor abrasions.
4. After hearing both sides and the entirety of the facts of
the case, this Court is of the considered view that the custodial
B.A. No. 3575 of 2019
interrogation of the petitioner may not be really called for.
Accordingly it is ordered that in the event of the petitioner being
arrested by police in connection with the abovesaid crime, he shall
be released on bail on executing bond for Rs.50,000/- and on
furnishing two solvent sureties for the like sum, each to the
satisfaction of the Investigating Officer concerned.
5. Further it is also ordered that it will be subject to
i. The petitioner shall not involve in any criminal offences of similar
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 will stand disposed of.