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Pradeep M.G vs State Of Kerala

High Court Of Kerala · Decided on 3 January 2023 · Citation: (2023) 01 KL CK 0006

HON’BLE JUDGES
Bechu Kurian Thomas, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian penal Code, 1860 — Section 326, 498A
RESULT
Dismissed
CASE NUMBER
Bail Application No. 10582 Of 2022
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Judgment

14 paragraphs · 337 words

Bechu Kurian Thomas, J

1.

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

2.

Petitioner is the accused in Crime No.832 of 2022 of Kalpetta Police Station, Wayanad District, registered for the offences punishable under Sections 498A and 326 of the Indian Penal Code, 1860.

3.

The prosecution case is that, the accused, who is the husband of the defacto complainant, had on 11.11.2022 beat the defacto complainant with a wooden stick causing fracture to her little finger and thereby committed the offences alleged.

4.

Sri.P.P.Biju, the learned counsel for the petitioner, submitted that the entire prosecution allegations are false and that the incident as alleged had never occurred. It was further submitted that petitioner was arrested on 18.11.2022 and that he has been in custody since then.

5.

Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that allegations are serious requiring continued detention. It was further submitted that the final report was filed on 30.11.2022.

6.

I have considered the rival contentions.

7.

Having regard to the circumstances of the case and also the period of detention already undergone, apart from filing of the final report on 30.11.2022; I am of the view that petitioner can be released on bail.

8.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not influence or intimidate any witness in Crime No.832 of 2022 of Kalpetta Police Station, Wayanad District.

(d) Petitioner shall not involve in any other crime while on bail.

9.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.832 of 2022 of Kalpetta Police Station, Wayanad District, may file an application before the jurisdictional Court for cancellation of bail.