Allowed

Rajesh v. State of Kerala

Kerala HC29 Sept 2016Bail Appl./6773/2016

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a pre-arrest bail application filed by Rajesh accused under Sections 498A, 323 and 324 IPC. The court held custody interrogation unnecessary and granted bail with conditions for reporting to the Investigating Officer and restricting contact with the complainant.

What did the court decide?

Petitioner released on bail with two sureties for Rs. 40,000 each; directed to report to IO on Wednesdays; not to contact complainant except for dispute settlement.

Rajesh Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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THURSDAY, THE 29TH DAY OF SEPTEMBER 2016/7TH ASWINA, 1938

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Bail Appl..No. 6773 of 2016 ()

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CRIME NO.670/2016 OF KUMILY POLICE STATION, IDUKKI DISTRICT.

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PETITIONER/ACCUSED:

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RAJESH, AGED 33, S/O. PANRAJ, SASTHAMNADA, CHAKKUPALLAM, ANAVILASOM VILLAGE, KUMILY, IDUKKI DISTRICT.

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BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.T.R.KANNAN

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RESPONDENT/COMPLAINANT:

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

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BY PUBLIC PROSECUTOR SRI.AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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P.UBAID, J.

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- - - - B.A.No. 6773 of 2016

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- - - - Dated this the 29^th day of September, 2016

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ORDER

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The petitioner herein seeks pre-arrest bail under Section 438 of the Code of Criminal Procedure on the apprehension of arrest and custodial harassment in connection with Crime No. 670 of 2016 of the Kumily Police Station, registered under Sections 498A, 323 and 324 of the Indian Penal Code.

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The complainant in this case is the legally wedded wife of the petitioner. She was married by the him in May, 2011, and she has been residing separately since April, 2016. The complaint of the defacto complainant is that she had been mentally and physically ill treated and harassed by her husband by a course of cruel conduct.

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On a perusal of the complaint, I find that her grievance is that she has been abandoned and neglected by her husband without being properly maintained or taken

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B.A.No. 6773 of 2016

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-2-

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care of. There is reason to believe that the present complaint is the result of their strained matrimony. The genuineness of the allegations of cruelty is a matter for decision on trial. In the nature of the allegations, interrogation of the petitioner in custody is not felt necessary. Even without such interrogation, the required materials can be collected by the Police. It will suffice that the petitioner is directed to report before the Investigating Officer for interrogation.

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In the result, this petition for pre-arrest bail is allowed. The petitioner is ordered to be released on bail on his executing bond with two solvent sureties for 40,000/-₹ (Rupees Forty Thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of his arrest in connection with Crime No. 670 of 2016 of the Kumily Police Station. Bail is granted on condition that;

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B.A.No. 6773 of 2016

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-3-

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a) The petitioner shall report before the Investigating Officer between 10 a.m. and 11 a.m. on all Wednesdays for a period of two months.

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b) The petitioner shall not have any contact with the defacto complainant directly or over telephone or otherwise, except for the purpose of settlement of the dispute, in case anybody intervened for such a course.

Sd/- P.UBAID

JUDGE

//True copy//

P.A. to Judge

Rajesh v. State of Kerala

Case brief

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What did the court decide?

Rajesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

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