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Subash vs State Of Kerala on 2 April, 2019

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:
2
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
3
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
4
Bail Appl..No. 2003 of 2019

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