Praveen M.J. 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. 3831 of 2015 () ------------------------------- CRIME NO. 511/2015 OF CHERANALLOOR POLICE STATION, ERNAKULAM DIST. ......

PETITIONER/ACCUSED:

----------------------------------- PRAVEEN M.J., AGED 38 YEARS, S/O.JOSEPH, MANDALATHU, EDAYAKUNNAM, SOUTH CHITTOOR, ERNAKULAM DISTRICT.

BY ADVS.SRI.BINU GEORGE, SMT.HEMALATHA, SRI.K.P.ANTONY BINU.

RESPONDENT:

--------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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:

rs.

K. ABRAHAM MATHEW, J.

==================== B.A.No. 3831 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 accused of having committed the offences under Sections 323, 341 and 498A IPC. The victim is his wife. According to the prosecution, he wrongfully restrained her, assaulted her and subjected her to cruelty.

3.

Heard.

4.

There is no allegation that the victim sustained any serious injuries. Since this is a family matter, the attempt of the court should be to restore harmony to the family. So, I am inclined to grant the prayer of the petitioner.

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.

B.A.No. 3831 of 2015 ::2::

3)He shall not destroy or tamper with evidence. 4)He shall not contact or communicate with her or enter her residential premises.

5)He shall not harass the de facto complainant or her relatives.

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