IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2229 of 2009()
1. RISHANTH.M., AGED 26 YEARS,
... Petitioner
Vs
1. C.I. OF POLICE, MEDICAL COLLEGE
... Respondent
For Petitioner :SRI.R.SUDHISH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :05/05/2009
O R D E R
C.T.RAVIKUMAR, J.
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B.A.No.2229 of 2009
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Dated, this the 5th day of May, 2009
ORDER
This is an application for anticipatory bail filed
under Section 438 of the Code of Criminal Procedure. The
petitioner is the first accused in Crime No.192 of 2009 of
Medical College Police Station, Kozhikode alleging commission
of offences punishable under Sections 323, 498-A, 427 read
with Section 34 of the Indian Penal Code.
2. The marriage between the petitioner and the de
facto complainant was solemnized on 19.8.2007 and according
to the petitioner, from 10.2.2008 onwards they have been
living separately. Along with the petitioner herein, his parents
and brothers were also implicated as accused in the aforesaid
crime. They approached the Sessions Court, Kozhikode by
filing Crl.M.C.No.462 of 2009 for anticipatory bail. After having
elaborate consideration, the Sessions Court granted anticipatory
bail in respect of the parents and brothers of the petitioner
herein, considering the fact that the de facto complainant had
not attributed any overtact to prove their involvement in the
B.A.No.2229 of 2009
2
case. In respect of the petitioner, his application for
anticipatory bail was rejected.
3. As stated earlier, the marriage between the
petitioner and the de facto complainant was solemnized on
19.8.2007 and their marital relationship was short-lived. The
strained relationship compelled them to live separately and now
they have been living separately. Considering the nature of the
allegations levelled against the petitioner as also the progress of
the investigation in this case, I think the petitioner can be
granted anticipatory bail.
4. Accordingly this application is allowed subject to
the following conditions:
i) In the event of his arrest, the petitioner shall be
released on bail on executing a bond for Rs.50000/- with two
solvent sureties for the like sum each to the satisfaction of the
officer conducting the arrest.
ii) The petitioner shall report before the
investigation officer once in a week, viz. on all Saturdays
between 10 a.m. and 11 a.m. till the final report is laid.
iii) Petitioner shall not tamper with or attempt to
tamper with evidence or intimidate or influence or attempt to
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intimidate or influence the witnesses.
iv) This order will be in force for a period of two
months and thereafter the petitioner may move appropriate
Court having jurisdiction for regular bail.
C.T.RAVIKUMAR, JUDGE
vns