High Court of KeralaBail Appl./6729/2015disposed of

Renjith v. State Of Kerala

2015-10-30Honourable Mr. Justice Raja Vijayaraghavan V4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 30TH DAY OF OCTOBER 2015/8TH KARTHIKA, 1937 Bail Appl..No. 6729 of 2015 () ------------------------------- ORDER IN CRMC 1992/2015 of THE SESSIONS COURT, ERNAKULAM DATED 30-09-2015 CRIME NO. 1360/2014 OF VADAKKEKARA POLICE STATION , ERNAKULAM PETITIONER(S)/ACCUSED :

-------------------------------------------- RENJITH, AGED 42 YEARS, S/O. RAJAPPAN, KARIPPAYI HOUSE VALIYAPAZHAMPILLY THURUTH, CHENDAMANGALAM P.O. NORTH PARAVUR, ERNAKULAM DISTRICT.

BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S)/STATE :

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

BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Bail Appl..No. 6729 of 2015 APPENDIX ANNEXURE 1TRUE COPY OF THE ORDER PASSED BY THE SESSIONS JUDGE IN CRL.M.C.1992 OF 2015 DATED 30.9.2015 //True copy// P.S. To Judge

RAJA VIJAYARAGHAVAN.V. J - - - - - - - - - - - - - - - - - - - - B.A.6729 of 2015 - - - - - - - - - - - - - - - - Dated 30th October, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

ORDER

1.This is an application filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

2.The petitioner is the accused in crime No.1360 of 2014 of Vadakkekkara police station. The said crime has been registered u/s 498A of the IPC.

3.The allegation is that the petitioner has ill-treated the de facto complainant, who is his wife.

4.I have heard the learned counsel appearing for the petitioner as well as the learned Public Prosecutor. 5.The learned counsel appearing for the petitioner has submitted that though the petitioner was working abroad, he is now stationed in India. It is seen from the records that the charges has already been laid before

B.A.6729/15 the learned Magistrate and there cannot be any apprehension that the petitioner would be arrested in the aforesaid crime at this particular stage. The fear raised by the learned counsel that the petitioner will be remanded on his surrender can only be said to be misplaced in the facts and circumstances.

6.However, taking note of the facts and circumstances and also the fact that the offence alleged is u/s 498A of the IPC, it is hereby ordered that in the event of the petitioner surrendering before the learned Magistrate and filing application for bail, the application shall be considered on the same day itself.

7. Warrant, if any, shall be kept in abeyance for a period of one week from today.

The application is disposed of as above.

Sd/- RAJA VIJAYARAGHAVAN.V.

Judge Mrcs //True copy// P.S. To Judge