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Judgments of Supreme Court of India and High Courts

Syam.S. vs State Of Kerala on 12 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

TUESDAY, THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940

Bail Appl..No. 760 of 2019

CRIME NO. 2551/2018 OF KUNDARA POLICE STATION, KOLLAM DISTRICT

PETITIONER/ACCUSED:

SYAM.S., AGED 27 YEARS,
S/O.SUGATHAN,SANGEETHA BHAVAN, EDAVATTAM,
KERALAPURAM, KOLLAM-69 511

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

RESPONDENTS/STATE:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,E RNAKULAM-31

2 THE SUB INSEPCTOR OF POLICE,
KUNDARA POLICE STATION, KUNDARA, KOLLAM-690 514.

OTHER PRESENT:
SRI. AMJAD ALI SR. PP.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.02.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA:760/19 2

ORDER

The applicant herein is the accused in Crime No.2551 of 2018

registered at the Kundra Police Station. He seeks an order of pre-

arrest bail. In the aforesaid crime, he faces accusations of having

committed offence punishable under Section 498A of the IPC.

2. The de facto complainant is the wife of the applicant herein.

She alleges that on 9.12.2018 at about 3 p.m., the applicant assaulted

her causing injuries. He took away the minor child and came back late

in the night. When his act was questioned, he strangulated her.

3. The learned counsel appearing for the applicant submitted

that the relationship between the parties are strained and the

allegations are highly exaggerated.

4. The learned Public Prosecutor, on instructions, submitted

that the statement of the witnesses would show that the applicant

herein has been subjected his wife to continuous harassment and ill

treatment. He would refer to the wound certificate of the de facto
BA:760/19 3

complainant to substantiate his contention that her version is

probabilistic by the medical report.

5. I have considered the submissions advanced. After going

through the materials on record and the nature of accusations, it does

not appear to me that this is a fit case in which pre-arrest bail can be

granted to the applicant. I am not inclined to allow this application.

6. The applicant is directed to surrender before the

Investigating Officer or the court having jurisdiction and seek regular

bail. If an application for bail is filed, the same shall be considered

and orders shall be passed expeditiously and on its merits.

This application is dismissed.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
KRJ
//TRUE COPY// P.A.TO JUDGE

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