Anas v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 Bail Appl..No. 3817 of 2015 () ------------------------------- CRIME NO. 312/2015 OF POTHANIKAD POLICE STATION,ERNAKULAM DISTRICT ------------------------- PETITIONER/ACCUSED:

-------------------------------------- ANAS, EDAKUDIYIL VEEDU, INCHAKADATHY BHAGAM, KALAMBUR KARA, ENANALLOOR VILLAGE, POTHANIKKAD, ERNAKULAM DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S)/COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

2. SUB INSPECTOR OF POLICE, POTHANIKAD, ERNAKULAM DISTRICT-682 036 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

==================== B.A.No. 3817 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is alleged to have committed the offences under Sections 323, 341 and 498A. The prosecution case is that he wrongfully restrained his wife, assaulted her and subjected her to cruelty.

3.

Heard.

4.

The prosecution has no case that the victim sustained any serious injuries. Since this is a family matter, I am inclined to grant the prayer of the petitioner as it appears that reunion is not impossible.

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 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 destroy or tamper with evidence.

B.A.No. 3817 of 2015 ::2::

4)He shall not harass the de facto complainant or her relatives, nor shall he contact or communicate with her or enter her residential premises without the previous permission of the learned Magistrate.

If the petitioner surrender 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