Thankachan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 Bail Appl..No. 2894 of 2015 () ------------------------------- CRIME NO. 743/2014 OF KOODAL POLICE STATION , PATHANAMTHITTA DISTRICT ------------------ PETITIONER(S)/ACCUSED:

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1. THANKACHAN, AGED 44 YEARS, S/O LATE ABRAHAM,THENBAVUMMANNIL HOUSE, KOODAL P.O., GANDHI JUNCTION, KONNY, PATHANAMTHITTA DISTRICT.

2. ROSAMMA,AGED 60 YEARS, W/O LATE ABRAHAM, THENBAVUMMANNIL HOUSE, KOODAL P.O., GANDHI JUNCTION, KONNY, PATHANAMTHITTA DISTRICT BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA) RESPONDENT(S)/STATE COMPLAINAT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. SUB INSPECTOR OF POLICE, KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT -689 645 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.2894 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

The petitioners apprehend that they will be arrested by the police on the allegation that they have committed the offences under Sections 498(A) read with Section 34 of Indian Penal Code.

3.

The learned Public Prosecutor submits that the second petitioner has been deleted from the array of the accused on 16.11.2014. The prosecution case is that the first petitioner subjected his wife to cruelty. 4.

Heard.

5.

The victim did not sustain any serious injuries. There is a chance for re-union also. So, I am inclined to grant the prayer for anticipatory bail.

In the result, this application is allowed in part. The first petitioner will be released on bail. So far as the second petitioner is concerned.

1.

The first petitioner shall be released on bail after interrogation on his executing a bond for Rs.Twenty

B.A. No.2894 of 2015 five thousand only with two solvent sureties each for the like sum if the first petitioner is arrested by the Police in connection with this case.

2. The first petitioner shall appear before the Investigating Officer for interrogation if the first petitioner is so required by him in writing.

3. The first petitioner shall not destroy or tamper with evidence.

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 R.AV //True Copy// PA to Judge