Daveed. Vs. State of KeralA.

.....act, 1954.because the hindu marriage act, 1955, had already come into force on 18-5-1955, and the marriage took place thereafter and it was hit by provisions of section 17 of the hindu marriage act. the petitioner in her evidence has clearly stated that she did not remember as to when the marriage took place. -the petitioner has stated in the course . stated: "respondent7 was retired by then". of the respondent. the petitioner in her evidence has stated that during the ceremony, the marriage rites were re-performed and that her husband (respondent) tied a 'tali' to her neck, sprinkled flowers on her and garlanded her. my sisters and their husbands, brothers and their wives, respondent's mother, paternal aunt, panduranga guru, respondent's brothers, and their wives, sisters and their family and other. all the ceremonies connected to the marriage were observed. if fact, though the respondent in his evidence denied that he tied another tali to the petitioner, . ex. d_5 is the marriage certificate. the parties, it appears, laboured under some notion that there was some infirmity in their marriage, because the respondent had another wife smt. sharada bai at that time under the special marriages act. that being so, the petitioner wife is entitled to restitution of conjugal rights as contemplated under section 9 of the hindu marriage act, 1955.1. in this petition filed under sec. 439 cr.p.c., the petitioner, who is the sole accused in cr.no.447/2010 of peermade police station for an offence punishable under section 376 i.p.c., seeks his enlargement on bail. the petitioner was arrested on 31.10.2010. 2. i heard the learned counsel for the petitioner and the learned public prosecutor. 3. having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner, the present stage of investigation of the case and the other circumstances of the case etc., i am inclined to grant bail to the petitioner. accordingly, the petitioner is directed to be released on bail w.e.f 27.12.2010 on his executing a bond for rs.15,000/- (rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the magistrate concerned and subject to the following conditions: 1. the petitioner shall surrender before the dy.s.p., kattappana police station between 9 a.m. and 11 a.m. on all wednesdays. 2. the petitioner shall not enter the limits of peermade police station until further orders to be passed by the court concerned. 3. petitioner shall not travel beyond the limits of idukki district except with the written permission of the court concerned. 4. the petitioner shall make him available for interrogation as and when required by the police at any time till the filing of the final report. 5. the petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 6. the petitioner shall not commit any offence while on bail. if the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled.