IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BABU
TUESDAY ,THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941
Bail Appl..No. 2003 of 2019
CRIME NO. 179/2019 OF Kundara Police Station , Kollam
PETITIONER/S:
SUBASH,
AGED 38 YEARS
S/O. SURESH BABU, THUNDIL VEEDU, KOTTAMKARA, KOLLAM-
691005.
BY ADVS.
SRI.PRATHEESH.P
SMT.S.SEETHA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA AT ERNAKULAM.
2 STATION HOUSE OFFICER,
KUNDARA POLICE STATION, KOLLAM DISTRICT-691501.
OTHER PRESENT:
SRI. B.JAYASURYA-SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.04.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Bail Appl..No. 2003 of 2019
ORDER
Petitioner is the sole accused in crime no.179/2019 of Kundara
police station. He seeks bail under Sec.438 of Cr.P.C. He allegedly
committed offences punishable under Secs 294(b),308, 323, 324 and
498A of IPC.
2. Prosecution case goes as follows: The petitioner is the
husband of the first informant. She has been subjected to cruelty
and harassment by him in intoxication. At 8.30 p.m on 22.1.2019 the
petitioner abused his wife in obscene language. He voluntarily
caused hurt on her neck with a knife and manhandled her at about
11 p.m. He thereby attempted to commit culpable homicide not
amounting to murder.
3. Heard Sri. P.Pratheesh, the learned counsel for the
petitioner and Sri.B.Jayasurya, the learned senior public prosecutor.
4. The case diary is made available by the learned senior
public prosecutor. I perused it. I saw the wound certificates of two
victims. No injury whatsoever is mentioned in one of the wound
certificates. The other wound certificate pertaining to the first
informant shows a laceration of small size on the nose. No serious
injury is seen to have been caused to her. Detention of the petitioner
does not appear to be necessary for an effective investigation of the
case. For these reasons, I am inclined to grant him anticipatory bail.
5. The application is allowed. If arrested in connection with
crime no.179/2019 of Kundara police station, the petitioner shall be
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Bail Appl..No. 2003 of 2019
released on bail, after interrogation, on his executing a bond for Rs
50,000/- (fifty thousand only) with two solvent sureties each for the
like sum to the satisfaction of the investigating officer. The petitioner
shall co-operate with the investigation. He shall make himself
available for interrogation if so required by the investigating officer.
He shall report to the investigating officer between 10 am and 11 am
on every Saturday for a period of two months or till the filing of the
final report, whichever is earlier. The petitioner shall not intimidate
or attempt to influence witnesses. Nor shall he destroy or tamper
with evidence. The court/magistrate having jurisdiction is hereby
empowered to cancel the bail in accordance with law if any of the
conditions aforementioned is violated. If the petitioner surrenders
before the magistrate, this order will cease to have any effect and
the learned magistrate will pass appropriate orders as if this order
has not been passed.
SD/-
A.M.BABU
JUDGE
Sks/3.4.2019
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Bail Appl..No. 2003 of 2019
