AI Structured Summary
Not yet generated for this judgment
Judgment
V.G.Arun, J
The petitioner is the accused in Crime No.100 of 2023 of Kambalakkad Police Station in Wayanad, registered for the offences punshable under Sections 323, 498A and 308 of IPC
The crime is registered based on the complaint filed by the petitioner's wife alleging that the petitioner had harassed her by demanding more money and on 29.01.2023, he had attempted to kill her by strangulating with a service wire. The petitioner was arrested on 05.05.2023 and is continuing in custody.
Learned Counsel for the petitioner submitted that even if the allegations are accepted, the alleged offences are not made out and in any event, there is no justification in continuing the petitioner’s custody any further.
Learned Public Prosecutor opposed the prayer for bail, pointing out that the wound certificate shows corresponding injuries on the defacto complainant's neck. It is submitted that if the petitioner is released, he may intimidate the defacto complainant and her family.
It is true that the wound certificate shows strangulation marks on the de facto complainant's neck. Even then, the petitioner having been in judicial custody for more than 30 days, I find him entitiled to be released on bail.
Accordingly, the following order is passed:-
(i) Petitioner shall be enlarged on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the trial Court;
(ii) Petitioner shall not enter the limits of the police station within which the defacto complainant is residing till the filing of the final report.
(iii) The petitioner shall report before the investigating officer every alternate Monday, between 10.00 a.m and 11.00 a.m, for three months.
(iv) Petitioner shall not intimidate the defacto complainant or influence the witnesses.
If any condition is violated, the investigating officer can approach the jurisdictional Court seeking cancellation of bail.