IN THE HIGH COURT OF KERALA AT ERNAKULAM
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
SYAM.S., AGED 27 YEARS,
S/O.SUGATHAN,SANGEETHA BHAVAN, EDAVATTAM,
KERALAPURAM, KOLLAM-69 511
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.
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:
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
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.
RAJA VIJAYARAGHAVAN V.,
//TRUE COPY// P.A.TO JUDGE