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Salim vs State Of Kerala on 24 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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

PETITIONER/ACCUSED:

SALIM, AGED 49 YEARS,
S/O.ABDUL RAZAK, SUMMI COTTAGE, SIDE WALL,
MANKODU VIALGLE, KOTTARAKKARA TALUK,
KOLLAM DISTRICT 691 506.

BY ADVS.
SRI.K.SIJU, SMT.S.SEETHA

RESPONDENTS/STATE:

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

ORDER

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

SectionIPC.

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
..3..

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

following conditions:-

i. The petitioner shall not involve in any criminal offences of similar
nature.

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.

Sd/-

ALEXANDER THOMAS,
JUDGE
MMG

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