M. Sathish v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937 Bail Appl..No. 5526 of 2015 -------------------------------------- CRIME NO. 616/2015 OF KUZHALMANNAM POLICE STATION , PALAKKAD ------------------- PETITIONER/1ST ACCUSED:

---------------------------------------- M. SATHISH, AGED 42 YEARS, S/O.K.G.MANI NAIR, DD NO.30, MOHAMMED ALI STREET, RATHINAPURI, COIMBATORE-641027.

BY ADV. SRI.A.KRISHNAN RESPONDENT:

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

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A. HARIPRASAD, J.

------------------------------ Bail Appl. No.5526 of 2015 -------------------------------------------- Dated this the 16th day of September 2015

O R D E R

Petition filed under Sec.438 Cr.P.C.

2. Petitioner is the 1st accused in Crime No.616 of 2015 of Kuzhalmannam Police station registered for the offences punishable under Secs.294(b), 323 and 498A read with Sec.34 of the Indian Penal Code. Defacto complainant is the wife of the petitioner. The prosecution case is that after their marriage on 08.12.2002 and after begetting one child, the marital relationship between them became very strained. It is further alleged that the petitioner along with the other accused treated the defacto complainant cruelly and harassed her.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Learned counsel for the petitioner submitted that the other accused persons have been released on anticipatory bail by the Sessions Court, Palakkad. Further, it is submitted that the entire allegations against

Bail Appl. No.5526 of 2015 2 the petitioner are false. Parties are fighting litigations before the Family Court as well.

5. Considering the nature of allegations, I am inclined to grant anticipatory bail to the petitioner with the following conditions.

1. The petitioner shall surrender before the investigating officer within a period of two weeks and submit himself for interrogation.

2. The petitioner shall be released on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer.

3. He shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

4. He petitioner shall not involve in any other offence during the period of bail.

Bail Appl. No.5526 of 2015 3 In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS P.A. To Judge