IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 5TH DAY OF JULY 2013 14TH ASHADHA, 1935 Bail Appl..No. 4137 of 2013 () ------------------------------- (CRIME NO. 803/2013 OF ANCHAL POLICE STATION, KOLLAM) PETITIONER/ACCUSED: ------------------- JOYKUTTY, AGED 6 YEARS MATHUKUNNATHU HOUSE, AGASTHYACODU, ANCHAL KOLLAM(DIST). BY ADV. SRI.ANIL K.MOHAMMED RESPONDENTS/COMPLAINANT: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. ADDL. 2: ELAMMA JOY, W/O.JOYKUTTY, MATHUKUNNATHU HOUSE, AGASTHYACODU, ANCHAL, KOLLAM DISTRICT. (ADDL. 2ND RESPONDENT IS IMPLEADED AS PER ORDER DATED 5 7.2013 ON CRL.M.A.NO.4727/2013 IN B.A.NO.4137/2013) RADDL.R2 BY ADV. SRI.K.SHRIHARI RAO RADDL.R2 BY ADV. SMT.N.SHOBHA RADDL.R2 BY ADV. SRI.K.S.BALAKRISHNAN R BY PUBLIC PROSECUTOR SMT. V.H. JASMINE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-07-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SCL. BABU MATHEW P. JOSEPH, J.
-------------------------------------------------- B.A. No. 4137 of 2013 -------------------------------------------------- Dated this the 5th day of July, 2013 ORDER
This petition is filed under Section 438 of the Code of Criminal Procedure for anticipatory bail.
2. Heard the learned counsel appearing for the petitioner, the learned Public Prosecutor appearing for the 1st respondent and the learned counsel appearing for the additional 2nd respondent. Case Diary produced.
3. The petitioner is the accused in Crime No. 803 of 2013 of Anchal Police Station. The offences alleged are under Sections 326 and 188 of the IPC and under Section 31(1) of the Protection of Women from Domestic Violence Act. Learned counsel for the petitioner submits that the petitioner is innocent of the allegations raised against him. He has no criminal antecedents. The petitioner and the de facto complainant are husband and wife. There are certain disputes between them. The investigation of the case is almost over. He further submits that the petitioner apprehends arrest by the police at any time. B.A. No. 4137 of 2013 ..2..
4. Learned Public Prosecutor and the learned counsel for the additional 2nd respondent have opposed this application. Learned Public Prosecutor submits that no criminal antecedents have been reported against the petitioner. Case Diary shows that the investigation of the case has progressed much. The petitioner is aged 63. On considering the facts and circumstances, stage of the investigation and the fact that no criminal antecedents have been reported against the petitioner, this Court is of the view that the petitioner can be granted anticipatory bail imposing appropriate conditions. Therefore, the petitioner is granted anticipatory bail subject to the following conditions:
1. The petitioner shall surrender before the Investigating Officer on or before 12.07.2013. In the event of his arrest, he shall be released on bail on his executing a bond for 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer. B.A. No. 4137 of 2013 ..3.. 2.The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him or her from disclosing such facts to the Court or to any Police Officer. 3.The petitioner shall make himself available for interrogation as and when required by the Investigating Officer. 4.The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 5.The petitioner shall not commit any similar offences while on bail. 6.The petitioner shall not leave India without the previous permission of the concerned Magistrate's Court. This application is allowed as above. Sd/- BABU MATHEW P. JOSEPH, JUDGE bka/- True Copy PA to Judge