IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 3536 of 2011() -------------------------------------- CRIME NO.185/2011 OF VAZHAKKULAM POLICE STATION, ERNAKULAM DISTRICT ........... PETITIONER/ACCUSED -------------------------------------- JINS P.JOY, AGED 32 YEARS, S/O. P.M.JOY, RESIDING AT PACHAYIL HOUSE, MULAVOOR.P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. PIN-686673. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): DE FACTO COMPLAINANT ---------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE,VAZHAKKULAM POLICE STATION (INVESTIGATING OFFICER IN CRIME NO.185/2011 OF VAZHAKKULAM POLICE STATION) REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,SHANMUGHAM ROAD, ERNAKULAM, COCHIN-582031. BY PUBLIC PROSECUTOR SMT.C.M.CHARISMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss N.K. BALAKRISHNAN, J. = = = = = = = = = = = = = = B.A. NO. 3536 OF 2011 = = = = = = = = = = = = = = = Dated this the 13th day of May, 2011 O R D E R Petitioner is the accused in Crime No. 185 of 2011 of Vazhakkulam Police Station, Ernakulam. It was registered under Sections 323 and 498-A of IPC. This application is for pre-arrest bail. It is alleged that the petitioner subjected the defacto complainant to physical and mental cruelty. 2. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. It is submitted by the petitioner that he was subject to physical and mental cruelty by the defacto complainant. Considering all the aspects the following directions are issued. 3. The petitioner shall surrender before the concerned Magistrate within 10 days from today and will apply for regular bail. The learned Magistrate will dispose of the bail application in B.A. NO. 3536 OF 2011 -:2:- accordance with law. In the meanwhile if the petitioner is arrested he shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties for the like sum. If in case the Magistrate has doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties and on the following further conditions: i. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. ii. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. iii. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as B.A. NO. 3536 OF 2011 -:3:- to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. iv. The accused and the sureties shall not leave the jurisdiction of the Ernakulam District without the prior permission of the learned Magistrate. v. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vi. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K. BALAKRISHNAN,JUDGE. ul/-