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Lijo Joseph vs State Of Kerala

High Court Of Kerala|18 December, 2014
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JUDGMENT / ORDER

Petition filed under Section 438 Cr.P.C.
2. Petitioners are the accused in Crime No.1448 of 2014 of the Mulanthuruthy Police Station, registered for the offences punishable under Section 498 A read with Section 34 IPC.
3. The allegation against the petitioners is that they have tortured and harassed the defacto complainant, who is the wife of the 1st petitioner and treated her with cruelty. It seems that some serious allegations have been levelled against the 1st petitioner.
4. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the CD.
5. The contents of the CD reveal that this is not a case, wherein the custodial interrogation of the petitioners is required for the continued investigation. No criminal antecedents have been reported against the petitioners. Being a matrimonial offence and considering the possibility of settlement in the matter, I am of the view that anticipatory bail can be granted to the petitioners.
In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioners shall report before the investigating officer in between 09.00 a.m. and 11.00 a.m. on all Mondays and Thursdays commencing from 22.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iv) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B. KEMAL PASHA JUDGE DSV/18/12 // True Copy // PA to Judge
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Title

Lijo Joseph vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
18 December, 2014
Judges
  • B Kemal Pasha
Advocates
  • Sri Prakash P George