IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES MONDAY, THE 28TH AUGUST 2006 / 6TH BHADRA 1928 Bail Appl..No. 5272 of 2006 ----------------------------- CRIME NO. 54/2006 OF KOLAVALLUR POLICE STATION .................... PETITIONERS/ACCUSED ------------------------------------- C.P.KASIM, S/O. MOOSA HAJI, CHERUPARAMBATH HOUSE, CHERUPARAMBA VIA, THOOVAKKUNNU. BY ADV. SRI.CIBI THOMAS RESPONDENTS: COMPLAINANT/STATE ------------------------------- 1. THE SUB INSPECTOR OF POLICE, KOLAVALLUR POLICE STATION. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/08/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 5272/2006 ------------------ DATED THIS THE 28TH DAY OF AUGUST, 2006 O R D E R The petitioner is the first accused, in crime No. 54/2006 of Kolavallur police Station, for the offence punishable under Sections 498A and 420 IPC read with Section 34 IPC. It is also alleged that the petitioner had assaulted his wife, at whose instance, the complaint had been filed. Accused Nos. 2 and 3, the in-laws of the defacto complainant, had already been granted a pre- arrest order, under Section 438 Cr.P.C. Now the petitioner is before this Court, under Section 438 Cr.P.C. 2. I heard both sides. Considering the materials on record, I direct the petitioner to surrender before the Investigating Officer, who is investigating crime No. 54/2006 of Kolavallur Police station. 3. The Investigating Officer shall interrogate the petitioner and produce him before the Court below, before 4.30 p.m., on the same day. The learned Magistrate shall B.A.5272/2006 2 allow the petitioner to be on bail, imposing such conditions, as are deemed necessary. The application is disposed of as above. J.M.JAMES JUDGE mrcs