IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3078 of 2009()
1. KITARINTAVIDA VAHID, SON OF
... Petitioner
Vs
1. STATE OF KERALA, THROUGH THE PUBLIC
... Respondent
2. THE STATION HOUSE OFFICER,
3. P.P. KHADEEJA, D/O. MAMMUNHI, AGED 31
For Petitioner :SRI.K.M.MOHAMMED KUNHI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :15/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 3078 OF 2009 B
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Dated this the 15th June, 2009
O R D E R
This is an application for anticipatory bail under Section 438 of the
Code of Criminal Procedure. The petitioner is the accused in C.C. No.267
of 2006 (L.P.C.114 of 2008), on the file of the Judicial Magistrate of the
First Class I, Kannur..
2. The case was originally numbered and tried as C.C.NO.197 of
2004. The petitioner herein was the first accused therein. It is stated that
he was working abroad. He did not appear in the case. The case against
him was split up and it was renumbered as C.C.No.267 of 2006. The
other accused in the case were acquitted. The offence alleged against
the accused persons were under Section 498A read with Section 34 of
the Indian Penal Code.
3. In the present case, namely, C.C.No.267 of 2006, the petitioner
did not appear and non-bailable warrant was issued against him. The
petitioner moved Crl.M.C.No.667 of 2009 before the Court of Sessions,
Thalassery for anticipatory bail. That application was dismissed by the
order dated 27.5.2009.
B.A. NO. 3078 OF 2009
:: 2 ::
4. It is submitted by the learned counsel for the petitioner that the
petitioner as well as the third respondent, his wife, have settled all their
disputes and differences and they are living together for about three years
and a child was born in that relationship. Now a warrant is pending
against the petitioner. The petitioner apprehends that if he appears
before the Magistrate Court, there is every likelihood of the petitioner
being remanded to judicial custody.
5. Taking into account the facts and circumstances of the case, I
am of the view that bail can be granted to the petitioner. The petitioner
shall surrender before the Judicial Magistrate of the First Class I, Kannur
on any day between 17.6.2009 and 24.6.2009 and on such surrender, he
shall be released on bail by the learned Magistrate on the same day itself.
The Bail Application is allowed as indicated above.
(K.T.SANKARAN)
Judge
ahz/