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Judgment
7 paragraphs · 237 wordsV.G.Arun, J
Petitioner is the sole accused in Crime No.73 of 2023 of Kadakkal Police Station registered for offences punishable under Sections 341, 294(b), 323, 506(i) and 308 IPC and Section 31 of the Protection of Women from Domestic Violence Act, 2005. The crime is registered on the allegation that, in violation of the order of protection granted to the petitioner's wife/de facto complainant under the Domestic Violence Act, the petitioner voluntarily caused hurt to the de facto complainant by hitting her forehead on the wall and abusing her using obscene words. The petitioner is in custody from 13.01.2023 onwards. His bail application is rejected by the jurisdictional Magistrate.
I heard learned Counsel for the petitioner and the learned Public Prosecutor.
No doubt, the allegations are serious in nature, the petitioner having violated the protection order under the DV Act and having attacked his wife. Even then considering that the petitioner has been in judicial custody since 13.01.2023, I am inclined to allow the bail application.
(i) Petitioner shall be enlarged on bail, on his executing a bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the court below.
(ii) Petitioner shall report before the investigating officer every second Saturday between 10 a.m. and 11 a.m.
(iii) Petitioner shall not enter the village within which his wife is residing and shall not threaten or intimidate her in any manner.