Kerala High Court
Saiju vs State Of Kerala on 26 December, 2014
Author: K. Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 26TH DAY OF DECEMBER 2014/5TH POUSHA, 1936
Bail Appl..No. 9075 of 2014 ()
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CRIME NO. 2047/2014 OF CHATHANNUR POLICE STATION,KOLLAM DISTRICT
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PETITIONER/ACCUSED:
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SAIJU, AGED 38 YEARS,S/O.DEVARAJAN,
KUNNUPURATHU VEEDU, ULIYANADU MURI,
CHIRAKKARA VILLAGE, KARAMKODU P.O.,
KOLLAM DISTRICT.
BY ADV. SRI.K.V.ANIL KUMAR
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.N.SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 26-12-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sts
K. RAMAKRISHNAN, J.
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B.A.No.9075 of 2014
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Dated this, the 26th day of December, 2014.
O R D E R
This is an application for anticipatory bail filed by the accused in Crime No.2047/2014 of Chathannur police station under Section 438 of the Code of Criminal Procedure.
2. The case of the prosecution in nutshell was that the petitioner married the de facto complainant on 08.09.2005 and thereafter, they were living together as husband and wife and while so she was ill treated by him demanding more dowry and thereby, he had committed the offence punishable under Section 498(A) of Indian Penal Code.
3. The Counsel for the petitioner submitted that the petitioner has not committed any offence. He is innocent of the same and he has been falsely implicated in the case.
4. The application was opposed by the Public Prosecutor on the ground that investigation is not over.
5. It is seen from the documents produced by the petitioner for perusal that on the basis of the statement given by the de facto complainant - the wife of the petitioner, Crime No.2047/2014 of Chathannur police station was registered B.A.No.9075 of 2014 : 2 : alleging offence under Section 498(A) of Indian Penal Code. It is seen from the allegations that the marriage took place on 08.09.2005, but, the complaint was filed only on 07.11.2014 nearly after 9 years of the marriage. However, I am not at this stage going into the question as to whether the allegations are genuine or they are sufficient to attract the offence under Section 498(A) of Indian Penal Code. Considering the fact that it is a matrimonial offence and sending the spouse to jail is likely to affect the possibility of settlement in future, this court feels that anticipatory bail can be granted to the petitioner with some conditions. So, the application is allowed with following conditions:
i) The petitioner if arrested in connection with Crime No.2047/2014 of Chathannur police station, then, he is directed to be released on bail on executing a bond for Rs.25,000/- with two solvent sureties for the like sum each to the satisfaction of the arresting officer/respondent/investigating officer as the case may be.
ii. The petitioner shall appear before the investigating officer for two consecutive days for the purpose of interrogation between 9.00 a.m and 11.00 a.m immediately B.A.No.9075 of 2014 : 3 : after such arrest and release and thereafter, as and when required in writing to do so till the final report is filed.
iii) The petitioner shall not intimidate or influence the witnesses.
iv) The petitioner shall not leave State of Kerala without getting prior permission from the Judicial First Class Magistrate Court, South Paravur, Kollam District till the disposal of the case.
v. If the petitioner surrenders before the Judicial First Class Magistrate Court, South Paravur, Kollam District and moves for regular bail, then, the learned magistrate is directed to release the petitioner on bail on the same conditions as stated above.
With the above conditions, the application is dismissed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
Bb [True copy] P.A to Judge