Jayakumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 Bail Appl..No. 4370 of 2015 () ------------------------------- CRIME NO. 360/2015 OF FORT POLICE STATION, THIRUVANANTHAPURAM DIST. ......

PETITIONER:

-------------------- JAYAKUMAR, S/O.REGHU, AGED 40 YEARS, 'SIVAM', TC 37/1176, AZHIKKOTTA, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM.

BY ADV. SRI.P.G.PRAMOD.

RESPONDENT/COMPLAINANT:

---------------------------------------------- STATE OF KERALA, REPRESENTED BY INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM- 695 001, (THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM).

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4370 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of July, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is said to have committed the offences under Sections 452 and 307 of the Indian Penal Code, 1860. The accusation is that he trespassed into the house of his wife and assaulted her with a knife causing her serious injuries. 3.

Heard.

4.

The victim sustained injuries on the left scapula and the right thigh. The weapon was a knife. Learned counsel submits that the incident arose out of family disputes and the petitioner has been in custody since 15.06.2015. The attack was not on vital parts. For that reason, I am inclined to grant the prayer of the petitioner.

In the result, this application is allowed.

1)The petitioner will be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only)with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2) The petitioner shall appear before the investigating

B.A.No. 4370 of 2015 ::2::

officer between 10 a.m and 11 a.m. every Thursday for four months, or till the final report is filed, whichever is earlier.

3)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. 4)He shall not leave India without the previous permission of the court of enquiry or trial court, as the case may be. 5)He shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.

6)He shall not contact or communicate with the victim or her relatives nor shall he harass her directly or indirectly.

7)He shall not enter the local limits of the Fort Police Station, Thiruvananthapuram,till the conclusion of the investigation, except for complying with the direction of this Court.

If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

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