Salim v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 Bail Appl..No. 8740 of 2014 () ------------------------------- CRIME NO. 866/2014 OF VATTAPPARA POLICE STATION, THIRUVANANDAPURAM PETITIONER(S)/ACCUSED:
---------------------- SALIM AGED 28 YEARS S/O.ANIRUDHAN, KOTTARA VEEDU, CHUMADUTHANGI PANAVOOR P.O., NEDUMANGAD TALUK, THIRUVANANTHAPURAM. BY ADVS.SRI.THOMAS ABRAHAM SRI.ASWIN.P.JOHN RESPONDENTS:
------------
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA - 682 031.
2. SUB INSPECTOR OF POLICE VATTAPPARA POLICE STATION THIRUVANANTHAPURAM DISTRICT.
R BY PUBLIC PROSECUTOR: ADV.SRI.JITHESH R.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SUNIL THOMAS, J.
============================== B.A.No.8740 of 2014 ============================== Dated this the 12th day of June, 2015
ORDER
The applicant is the first accused in Crime No.866 of 2014 of the Vattappara Police Station for offence punishable under Section 498A of the Indian Penal Code.
2.
According to the de facto complainant, the marriage between the de facto complainant and the applicant herein was solemnized on 20.04.2014 and thereafter, they were living together as husband and wife. She alleges that the matrimonial relationship got strained because of the harassment by the applicant and his parents, in connection with demand for dowry. A complaint was laid before the jurisdictional magistrate who forwarded it to the concerned police invoking Section 156(3) of the Cr.P.C. Applicant seeks bail, apprehending arrest. 2.
Heard. Examined the records.
3.
Evidently, the dispute arises from a matrimonial discord. Though allegations of physical harassment are made, at present, there is no material to show that she had sustained any serious physical injury. Matrimonial proceedings are pending
B.A.8740/14 before the Family Court also. Considering these facts, I feel that custodial interrogation of the accused may not be warranted and the applicant can be granted bail subject to the following conditions:
(i) Applicant shall appear before the Investigating Officer on 22.06.2015 between 10 a.m. - 11 a.m. After interrogation, in the event of his arrest, he shall be released on bail on the applicant executing a bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with two sureties for the like sum each.
(ii) Applicant shall co-operate with the investigation and shall appear before the Investigating Officer as and when called for. (iii) Applicant shall not threaten, coerce or intimidate the de facto complainant or her witnesses.
This bail application is allowed accordingly. Sd/- SUNIL THOMAS Judge Sbna