Single bench order granting pre-arrest bail to two accused in a 498A case for appearing before the Investigating Officer within ten days and executing a bond, subject to conditions regarding interrogation and non-interference.
B.A.625/16 is allowed. Petitioners must appear before the Investigating Officer within ten days and execute a bond.
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
TUESDAY, THE 16TH DAY OF FEBRUARY 2016/27TH MAGHA, 1937
Bail Appl..No. 625 of 2016
CRIME NO. 2564/2015 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
PETITIONERS/ACCUSED NO.1 & 2:
1. SUDHEER, AGED 34 YEARS, S/O.HASHIM, SUDEENA MANZIL, THOMYIKAL P.O. VAILOOR VILLAGE, THIVANDRUM.
2. SUDEENA, AGED 29 YEARS, D/O.HASHIM, SUDEENA MANZIL, THOMYIKAL.P.O., VAILOOR VILLAGE, TRIVANDRUM.
BY ADV. SRI.M.R.SARIN
RESPONDENT(S)/STATE/DEFACTO COMPLAINANT:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682 031.
2. THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 628 031.
BY PUBLIC PROSECUTOR SMT.LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
SUNIL THOMAS, J.
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B.A.No.625 of 2016
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Dated this the 16th day of February, 2016
ORDER
Petitioners are accused Nos.1 and 2 in Crime No.2564 of 2015 of Attingal Police Station for offence punishable under Section 498A of the Indian Penal Code.
petitioners herein, no specific instance of physical harassment is made out. Having regard to the nature of the case, I feel that prearrest bail can be granted to the petitioners on the following conditions.
(i) Each of the petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. If they are proposed to be arrested, they shall be released
B.A.625 /16
2
on bail on they executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each.
(ii) They shall appear before the Investigating Officer as and when required for interrogation.
(iii) They shall not get involved in any other identical offence and shall not threaten, coerce or intimidate the de facto complainant or his witnesses.
The anticipatory bail application is allowed as above.
Sd/-
SUNIL THOMAS Judge
Sbna/16/2/16
True Copy
P A t o Judge
1 issue framed by the court
Whether pre-arrest bail should be granted to accused persons facing charges under Section 498A IPC in absence of specific physical harassment allegations?
1 provisions across 1 enactments
Sudheer
Sudeena
State of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
