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Selvaraj vs State Of Kerala on 27 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA, 1941

Bail Appl..No.9571 OF 2019

CRIME NO.495/2019 OF BEYPORE POLICE STATION, KOZHIKODE

PETITIONERS/ACCUSED NOS.2 3:

1 SELVARAJ
AGED 59 YEARS
S/O. LATE SIVARAJA KURUP, PUNNOOR KALARICKAL HOUSE,
USHUS, CHENGALOOR P O, PUTHUKKAD, THRISSUR DISTRICT.

2 ANASWAR RAJ
AGED 21 YEARS
S/O. SELVARAJ, PUNNOOR KALARICKAL HOUSE, USHUS,
CHENGALOOR P O, PUTHUKKAD, THRISSUR DISTRICT.

BY ADV. SRI.NIREESH MATHEW

RESPONDENT/COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM KOCHI-682031.

ADDL.R ANJANA ANAND
2 AGED 27 YEARS, POURNAMI
NEAR G.H.S.S., BEYPORE,
P.O.BEYPORE, KOZHIKODE

ADDL. R2 IS IMPLEADED AS PER ORDER DT.27.02.2020 IN
CRL.M.A.NO.1 OF 2020

ADDL.R2 BY ADV. K.A.SALIL NARAYANAN
R1 BY SRI. AMJAD ALI, SR. PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.9571 OF 2019

2

Bail Application No.9571 of 2019

———————————————-

ORDER

This is an application for anticipatory bail under Section

438 of the Code of Criminal Procedure.

2. The petitioners are accused Nos.2 and 3 in Crime

No.495 of 2019 of Beypore Police Station registered for offences

punishable under Sections 498A, 354A(1)(i) read with Section 34

of the Indian Penal Code. The de facto complainant is the wife of

the first accused. Accused Nos.2 and 3 are the father and brother

of the first accused. The accusation in the case in essence is that

the petitioners and the first accused subjected the de facto

complainant to cruelty while they were residing together.

3. Heard the learned counsel for the petitioners, the

learned Public Prosecutor as also the learned counsel for the de

facto complainant.

4. The learned counsel for the de facto complainant

submitted that the allegations against the accused are grave in

nature and this is therefore not a fit case for anticipatory bail.

5. In the light of the submission made by the

learned counsel for the de facto complainant, I have perused the
Bail Appl..No.9571 OF 2019

3

complaint of the de facto complainant, on the basis of which the

crime was registered. On an overall appreciation of the materials

on record, I am of the view that in the light of the decision of the

Apex Court in Siddharam Satlingappa Mhetre v. State of

Maharashtra, AIR 2011 SC 312, the petitioners are entitled to

anticipatory bail on the following conditions:

i) The petitioners shall make themselves available for
interrogation before the Investigating Officer within ten
days from today. They shall also make themselves
available for interrogation before the Investigating
Officer as and when directed by the Investigating
Officer in writing to do so;

ii) If the petitioners are arrested prior to, or after their
appearance before the Investigating Officer in terms of
this order, they shall be released from custody on
execution of bond for Rs.25,000/- each with two
sureties each for the like sum.

iii) The petitioners shall not influence or intimidate the
prosecution witnesses nor shall they attempt to tamper
with the evidence of the prosecution.

Bail Appl..No.9571 OF 2019

4

iv) The petitioners shall not involve in any other
offence while on bail.

Sd/-

P.B.SURESH KUMAR, JUDGE.

DK

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