High CourtsSingle Bench(2012) 12 KL CK 0106

Anil Kumar vs State of Kerala

High Court Of Kerala · Decided on 19 December 2012

HON’BLE JUDGES
P. Bhavadasan, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 9303 of 2012

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Judgment

7 paragraphs · 283 words

P. Bhavadasan, J.—The petitioner is the accused in Crime No. 1379/2012 of Chadayamangalam Police Station, Kollam District for having committed offences punishable u/s 498(A) of IPC. The petitioner would say that he is totally innocent and has been falsely implicated. It is pointed out by him that he has not committed any act as alleged. He seeks reliefs from this Court.

2.

After having heard the learned counsel for the petitioner, and the learned Public Prosecutor and after having perused the records and also considering the fact that there is a possibility of reunion, it is felt that this is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioner. The petition is allowed as follows:

1) The petitioner shall surrender before the Investigating Officer on or before 28.12.2012, who after interrogation shall produce him before the JFCM court concerned, which court on an application being moved by the petitioner shall release him on bail on his executing a bond for Rs. 10,000/- (Rupees Ten thousand only) with two solvent sureties each for the like sum to the satisfaction of the JFCM concerned.

2) The learned Magistrate shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail.

3) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him.

4) The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.

5) If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, of being satisfied of the said fact, may take such proceedings as are available to him in law.