Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN THURSDAY, THE3D DAY OF APRIL201413TH CHAITHRA, 1936 Bail Appl..No. 2341 of 2014 (C) ------------------------------- CRIME NO. 258/2014 OF PALAKKAD TOWN NORTH POLICE STATION , PALAKKAD PETITIONER(S)/PETITIONER/ACCUSED: ---------------------------------------------------------------- SUJESH, AGED29YEARS S/O JANARDHANAN, NO.518, ASHTALAKSHMI NAGAR26H STREET, ALAPAKKAM, CHENNAI-600116. BY ADVS.SRI.P.RAHUL SRI.R.JAIKRISHNA RESPONDENT(S)/RESPONDENT: -------------------------------------------------- STATE OF KERALA (SHO, PALAKKAD NORTH TOWN POLICE STATION) (REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.) BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0304-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 2341 of 2014 (C) ------------------------------------------ Dated this the 3rd day of April, 2014 ORDER
The petitioner is the accused in Crime No.258/2014 of Palakkad Town North Police Station, Palakkad District. Offences alleged are under sections 365 and 506(i) of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. The defacto complainant is the wife of the accused. Their marriage took place more than 1= year ago. A female child was born to them in the wedlock. Subsequently, they fell apart. It appears that she had filed a petition before the learned Magistrate under the provisions of PWDV Act. B.A. No.2341/2014 (C) -2- 3. According to the complainant, on 14.2.2014 at about 7.20 am, when she was waiting for the bus, the accused reached there in an autorikshaw and showing knife he asked her to board the autorikshaw. The autorikshaw reached K.S.R.T.C. bus stand and from there he took her to Coimbatore and they stayed in a hotel. According to her, she was confined in a room. The complainant says that she was threatened that she should withdraw the case filed against her husband (the petitioner herein).
4. The allegations are not true, the learned counsel for the petitioner submits. So many petitions were filed by the complainant before so many courts, only to harass the petitioner, the petitioner contends.
5. Considering all the aspects the following directions are issued: B.A. No.2341/2014 (C) -3- The petitioner shall surrender before the Investigating Officer within ten days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioner but on the following conditions: a. The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. B.A. No.2341/2014 (C) -4- b. The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders. c. The petitioner shall surrender his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. d. The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will 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 from disclosing such facts to the court or to any police officer or tamper with the B.A. No.2341/2014 (C) -5- evidence. e. The petitioner shall not leave India without the prior permission of the learned Magistrate. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj