Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 27TH DAY OF APRIL 2021 / 7TH VAISAKHA, 1943 Bail Appl..No.1862 OF 2021 CRIME NO.309/2020 OF PINARAYI POLICE STATION, KANNUR PETITIONER: IDRIS AGED 34 YEARS PALERI VEEDU P.O.PARAPRAM, THALASSERY KANNUR DISTRICT. BY ADV. SHRI.SREEHARI INDUKALADHARAN RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA PIN-682031 R1 BY PUBLIC PROSECUTOR-SRI.M.R.DHANIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Bail Appl..No.1862 OF 2021 2
ORDER
Dated this the 27th day of April 2021 This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.
2. The petitioner is the accused No.1 in Crime No.309/2020 of Pinarayi Police Station. The offences alleged are under Sections 498 (A), 323, 324 and 506 read with Section 34 of IPC.
3. The prosecution case in short is that the defacto complainant was subject to cruelty both physically and mentally by the petitioner and remaining accused and thereby committed offences.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioner
submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the
Bail Appl..No.1862 OF 2021 3 alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.
6. The petitioner is the husband of the defacto
complainant. The accused Nos.2 and 3 were already granted anticipatory bail by the Sessions court, Thalassery. The petitioner has no criminal antecedents. Considering the allegations levelled against the petitioner, the custodial interrogation of the petitioner does not appear to be necessary. For all these reasons, the petitioner is entitled to pre-arrest bail on conditions. In the result, the application is allowed on the following conditions:-
(i) The petitioner shall be released on bail in the
event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.
(ii) The petitioner shall fully co-operate with the
investigation, including subjecting himself to the Bail Appl..No.1862 OF 2021 4 deemed police custody for the purpose of discovery, if any, as and when demanded.
(iii) The petitioner shall appear before the
investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.
(iv) The petitioner shall not commit any offence of like nature while on bail.
(v) The petitioner shall not make any attempt to
contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court. Sd/- DR. KAUSER EDAPPAGATH JUDGE ska