Kerala High Court
Babu vs State Of Kerala on 12 December, 2014
Author: B.Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 12TH DAY OF DECEMBER 2014/21ST AGRAHAYANA, 1936
Bail Appl..No. 8706 of 2014 ()
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CRIME NO. 543/2014 OF PEERUMEDU POLICE STATION, IDUKKI DISTRICT.
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PETITIONER/ACCUSED :
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BABU, AGED 37 YEARS, S/O. CHINNAN,
KERALA STATE ELECTRICITY BOARD QUARTERS,
POTHUPARA, PALLIKKUNNU, IDUKKI.
BY ADVS.SRI.T.A.UNNIKRISHNAN,
SRI.K.S.PRAVEEN.
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
REPRESENTING SUB INSPECTOR OF POLICE,
PEERUMEDU.
BY PUBLIC PROSECUTOR SRI.SREEJITH. V.S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 12-12-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
B.KEMAL PASHA, J.
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B.A. No.8706 of 2014
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Dated this the 12th day of December, 2014
O R D E R
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Petition filed under Section 438 Cr.P.C.
2. Petitioner is the accused in Crime No.543 of 2014 of the Peerumedu Police Station, registered for the offence punishable under Section 498 A IPC.
3. The allegation against the petitioner is that he has tortured and harassed the defacto complainant, who is his wife, and has treated her with cruelty within the meaning of Section 498 A IPC. It is alleged that she was being beaten up by him.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. Even though there is allegations that he used to beat her, no wound certificate has been produced. The contents of the CD reveal that the crime has been registered on the basis of a private complaint filed by the defacto BA No.8706/2014 : 2 : complainant against the petitioner before the Judicial First Class Magistrate's Court-I, Peerumedu, which was referred to the Police under Section 156(3) Cr.P.C.The investigation of this case is practically over. The custodial interrogation of the petitioner is not required for the continued investigation of this case. Considering the facts and circumstances of the case and the fact that this is a matrimonial offence, I am of the view that this is a fit case wherein anticipatory bail can be granted to the petitioner.
6. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. BA No.8706/2014 : 3 : on all Tuesdays and Fridays, commencing from 16.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
sd/ B.KEMAL PASHA, JUDGE DSV/12/12 // True Copy // PA to Judge