Petition filed under Section 438 Cr.P.C.
Petitioner is the respondent in MC. 16/2013 on the file of the Judicial First Class Magistrate Court V, Thiruvananthapuram. The Court passed an ex parte interim order against him.
2. Alleging that he violated the order, a case has been registered against him under Section 31 of the Protection of Women from Domestic Violence Act, number being Crime No. 1240/2013 of Museum Police Station. His prayer is to grant him an order under Section 438 Cr.P.C.
3. Heard the learned counsel for the petitioner and the learned counsel for the additional third respondent who is the petitioner in the M.C.
4. It appears that after the passing of the ex parte interim order, a settlement was arrived at between the parties. But the learned counsel for the third respondent submits that he continues to commit domestic violence. Having regard to the nature of the case, I am inclined to grant the prayer of the petitioner.
B.A. No. 2254 /2014 2 In the result, this application is allowed.
1. The petitioner shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.
2. He shall not contact or communicate with the third respondent without the permission of the Magistrate concerned.
3. He shall not consume liquor and shall not make any disturbance at the residence of he third respondent.
This order is not applicable if the petitioner chooses to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.
SD/-
K. ABRAHAM MATHEW JV JUDGE //TRUE COPY// P.A. TO JUDGE