IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 20TH DAY OF FEBRUARY 2020 / 1ST PHALGUNA, 1941
Bail Appl..No.663 OF 2020
CRIME NO.373/2019 OF KOLAVALLUR POLICE STATION, KANNUR
PETITIONER/ACCSED NO.1:
SHAMZEER V.V.K
AGED 33 YEARS
S/O.ISMAIL, RESIDING AT ‘ARAFA’, VALIAYAPARAMBATH
HOUSE, C.P.ROAD, ANDIPEEDIKA, PANNIYANNUR AMSOM
DESOM, P.O. PANNIYANNUR, THALASSERY TALUK, KANNUR
DISTRICT-670671
BY ADV. SRI.R.SURENDRAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM
BY SRI. E.C.BINISH, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.663 OF 2020
2
Bail Application No.663 of 2020
———————————————-
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure.
2. The petitioner is the first accused in Crime No.373
of 2019 of Kolavallur Police Station registered for offences under
Sections 498A and 354B of the Indian Penal Code. The de facto
complainant is the wife of the petitioner. The accusation in the
case in essence is that the accused has subjected the de facto
complainant to cruelty while they were residing together.
3. Heard the learned counsel for the petitioner as also
the learned Public Prosecutor.
4. Having regard to the materials on record, it seems
to me that it is a case that arose on account of the matrimonial
discord between the petitioner and his wife, the de facto
complainant.
5. In the circumstances, in the light of the decision of
the Apex Court in Siddharam Satlingappa Mhetre v. State of
Maharashtra, AIR 2011 SC 312, having regard to the nature and
gravity of the accusation, I am inclined to grant anticipatory bail to
the petitioner on the following conditions:
Bail Appl..No.663 OF 2020
3
i) The petitioner shall make himself available for
interrogation before the Investigating Officer within ten
days from today. He shall also make himself available
for interrogation before the Investigating Officer as and
when directed by the Investigating Officer in writing to
do so;
ii) If the petitioner is arrested prior to, or after his
appearance before the Investigating Officer in terms of
this order, he shall be released from custody on
execution of a bond for Rs.25,000/- with two sureties
each for the like sum.
iii) The petitioner shall not influence or intimidate the
prosecution witnesses nor shall he attempt to tamper
with the evidence of the prosecution.
iv) The petitioner shall not involve in any other offence
while on bail.
Sd/-
P.B.SURESH KUMAR, JUDGE.
DK
