Manu Sam v. Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937 Bail Appl..No. 1008 of 2015 () ------------------------------- CRIME NO. 422/2013 OF PERUNADU POLICE STATION, PATHANAMTHITTA DIST. .......

PETITIONER(S):

-------------------------- MANU SAM, S/O.SAM CHACKO, AGED 25 YEARS, THADATHIL HOUSE, VADASERIKKARA, PATHANAMTHITTA DISTRICT- 689 662. BY ADV. SRI.DILISH JOHN.

RESPONDENT(S):

---------------------------- SUB INSPECTOR OF POLICE, PERUNADU POLICE STATION, REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA, PIN-682 031.

BY PUBLIC PROSECUTOR SMT.LALIZA. T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K. ABRAHAM MATHEW, J.

==================== B.A.No. 1008 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is the accused in Crime No. 422 of 2013 of Perunadu Police Station.

3.

He is accused of having committed the offence under Section 498A of the Indian Penal Code. The victim is his wife. He is said to have subjected her to cruelty.

4.

Heard.

5.

The marriage between the petitioner and the victim was solemnized in April, 2013. There is no allegation that she sustained any serious injuries. It appears that restoration of peace to the family is not impossible. So, I am inclined to grant his prayer.

In the result, this application is allowed.

1)The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only)with two solvent sureties each for the like sum if he is arrested by the Police in

B.A.No. 1008 of 2015 -: 2 :- connection with this case.

2)He shall surrender his passport before the lower court concerned or if he does not have one, he shall file an affidavit to that effect within five days of his release.

3)He shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

4)He shall appear before the Investigating Officer for interrogation if he is so required by him in writing.

5)He shall not intimidate or attempt to influence the witnesses.

6)He shall not destroy or tamper with evidence. 7)He shall not get himself involved in any other criminal case while he is on bail.

If the petitioner surrenders before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge