Kerala High Court
Asokan P.K vs State Of Kerala on 22 November, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 22ND DAY OF NOVEMBER 2016/1ST AGRAHAYANA, 1938
Bail Appl..No. 8076 of 2016
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CRIME NO. 1040/2016 OF KOYILANDY POLICE STATION, KOZHIKODE DISTRICT
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PETITIONER(S)/ACCUSED :
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ASOKAN P.K.,
S/O. PARAYAN, AGED 42 YEARS, PARAKKAD KUNI,
MOODADY NORTH P.O, KOYILANDY,
KOZHIKODE DISTRICT.
BY ADVS. SRI.P.R.SREEJITH
SRI.M.PROMODH KUMAR
SRI.K.B.SAJEESH
SMT.MAYA CHANDRAN
RESPONDENT(S)/COMPLAINANT :
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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682 031.
BY PUBLIC PROSECUTOR SRI. SAJJU.S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 22-11-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Msd.
P.UBAID, J.
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B.A No.8076 of 2016
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Dated this the 22nd day of November, 2016
O R D E R
The petitioner herein is the first accused in Crime No.1040/2016 of the Koyilandy Police Station, registered under Sections 498(A) and 406 of the Indian Penal Code. He seeks pre arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest by the police. It is submitted that the second accused is now on bail.
2. The complainant in this case is the petitioner's own legally wedded wife. Their marriage was in August, 2015. Her complaint is that she had been mentally and physically ill treated by her husband and the sister-in-law by demanding more dowry and ornaments and even otherwise. The complaint shows that on three occasions she was admitted at the hospital for treatment due to the assault made by her husband. Two times she went to the Government Hospital, Vatakara and once she was referred to the Medical College Hospital. The case diary contains the details of admission three times. I find that the lady has a genuine grievance against her husband. It B.A No.8076 of 2016 2 will have to be explained how the victim happened to be admitted at the hospital three times with the allegation of assault by the husband.
In the nature of the allegations I feel it appropriate to direct the petitioner to surrender before the investigating officer for necessary interrogation. After such interrogation the request for bail can be considered by the court below having jurisdiction.
In the result, this application for bail is disposed of as follows:
a) The petitioner will surrender before the investigating officer between 9 am and 10 am on any day within seven days from this date for the purpose of interrogation as part of investigation.
b) After necessary interrogation, the investigating officer will produce the petitioner before the court below having jurisdiction by 4 pm. on the date of arrest itself.
c) In case application for regular bail is filed by the petitioner, the same shall be judiciously considered and decided by the court below on the same day.
Sd/-
P.UBAID,
JUDGE
//True Copy//
ab P.A to Judge
B.A No.8076 of 2016 3