Bail application filed by accused in 498A IPC case. Court granted anticipatory bail subject to specific conditions including appearance before IO and refraining from intimidating witnesses or complainant.
Anticipatory bail granted subject to conditions for interrogation, bond execution, and non-interference with investigation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 29TH DAY OF FEBRUARY 2016/10TH PHALGUNA, 1937
Bail Appl..No. 1340 of 2016 ()
CRIME NO. 677/2015 OF SHORNUR POLICE STATION, PALAKKAD DISTRICT
PETITIONER/ACCUSED :
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SARATH, AGED 42 YEARS, S/O. KRISHNANKUTTY, KUMARANKUTTY HOUSE, PANAYOOR P.O., VANIYAMKULAM, OTTAPALAM TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.P.JAYARAM
RESPONDENT :
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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.R. REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
SUNIL THOMAS, J.
B.A.No.1340 of 2016
Dated this the 29th day of February, 2016
ORDER
The petitioner is the 1st accused in Crime No.677/2015 of Shornur Police Station for offences punishable under Sections 498A read with 34 of IPC.
of the petitioner herein with his wife is strained. Alleging that the petitioner has subjected her to matrimonial cruelty. Complaint was laid and the crime was registered. He apprehends arrest and bail is sought.
is strained, the allegations though appear to be serious,
are not specific and are in the nature of a generalised allegations.
(a) Petitioner shall appear before the
B.A.No.1340 of 2016 2
Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if he is proposed to be arrested, he shall be released on bail on he executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each.
(b) He shall not threaten, coerce or intimidate the de facto complainant or his witnesses.
(c ) He shall appear before the Investigating Officer as and when called for and co-operate with the investigation.
The bail application is allowed.
Sd/- SUNIL THOMAS, JUDGE
AD
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether anticipatory bail is warranted given the strained relationship and generalised allegations of cruelty
2 provisions across 2 enactments
Sarath
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
