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High Court of KeralaBail Appl./3326/2015allowed

Rajeev.P.J v. State Of Kerla

2015-06-16Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 16TH DAY OF JUNE 2015/26TH JYAISHTA, 1937 Bail Appl..No. 3326 of 2015 () ------------------------------- CRIME NO. 450/2015 OF ALAKODE POLICE STATION, KANNUR DISTRICT ----------------- PETITIONER/ACCUSED :

------------------------------------ RAJEEV P.J., S/O. JOSEPH, AGED 31 YEARS PATHIYATTIL HOUSE, RAYAROME P.O.

NAYARMALA, ALAKODE AMSOM, TALIPARAMBA TALUK KANNUR DISTRICT.

BY ADVS.SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT :

---------------------------------------------- STATE OF KERLA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA THROUGH STATION HOUSE OFFICER ALAKODE POLICE STATION, KANNUR DT.-670 041.

BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is said to have committed the offences under Sections 452, 341, 323, 506 (i), 294(b) of Indian Penal Code.

3.

The prosecution case is that he trespassed into the house of the first informant wrongfully restrained, assaulted and threatened her.

4.

Heard.

5.

Petitioner is the husband of the first informant. Earlier she had lodged a complaint with the police which resulted in registration of a case against him for the offence under Section 498A of Indian Penal Code. It is stated that it was that enmity that caused him to commit the offences alleged in this case. The offences are minor in nature. The first informant did not sustain any serious injuries. The chances of a reunion cannot be ruled out. So I am inclined to grant the petitioner's prayer for

anticipatory bail.

In the result, this application is allowed.

1.

The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like sum each he is arrested by the police in connection with this case.

2.

He shall appear before the investigating officer for interrogation if he is so required by him in writing. 3.

He shall not get himself involved in any other criminal case while he is on bail.

4.

He shall not intimidate or attempt to influence the witnesses.

5.

He shall not destroy or tamper with evidence. 6.

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. 7.

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

8.

He shall not enter the premises in which the first

informant is residing.

9.

He shall not communicate or contact with the victim.

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

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge