IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 1352 of 2010() ------------------------------------- CRIME NO.43/2010 OF VELLARIKUNDU POLICE STATION, KASARAGOD PETITIONER/ACCUSED: -------------------------------------- JOSEPH KADAVATHUMUNDA, AGED 47 YEARS, S/O.JOHN KADAVATHUMUNDA, PO KONNAKKAD, KASARAGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT/ COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. C.M. KAMAPPU, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1352 of 2010 -------------------------------- Dated this the 7th day of April, 2010 O R D E R When the Bail Application came up for hearing on 12/03/2010, the following order was passed: “Heard the learned counsel for the petitioner in great detail. I have perused the case diary in full. 2. This is an application for anticipatory bail filed by the accused in Crime No.43 of 2010, Vellarikundu Police Station under Section 438 of the Code of Criminal Procedure. The petitioner is the husband of the de facto complainant. The offences alleged against the petitioner are under Sections 498A, 323 and 324 of the Indian Penal Code. 3. The marriage between the parties took place about 25 years ago. Three children were born in that wedlock - two sons and a daughter. The allegation is that, for the last several years, the petitioner was not meeting the day-to-day needs of his wife and children. The wife found it very difficult to pull on life. Ultimately, with the permission of the husband, she decided to start a bakery. The bakery was started. The income from the business was used by her to manage the family. The allegation is that the husband used to extort money from her for the purpose of B.A. No. 1352/2010 2 consuming alcohol. She was compelled by her husband to close down the bakery. The petitioner used to create unpleasant scenes even in the Bakery. She was being manhandled by the petitioner. She decided to meet a lawyer. Along with her brother, she went to Kanhangad to meet an advocate. While coming back, the petitioner stabbed her. 4. In the facts and circumstances of the case, I am not at all inclined to grant anticipatory bail to the petitioner. 5. As a last resort, the learned counsel for the petitioner submitted that the Bail Application may not be closed and it may be kept pending for a period of two weeks in order to enable the petitioner to explore the possibilities of a settlement. 6. It is made clear that no further argument on the merits of the case would be allowed. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested for a period of three weeks from today in connection with Crime No.43 of 2010 of Vellarikundu Police Station. Post on 30.3.2010.” 2. It is submitted by the learned counsel for the petitioner that the disputes and the differences between the petitioner and his wife have been settled and that they are residing together. An affidavit of the wife of the petitioner, B.A. No. 1352/2010 3 attested by P. Narayanan, Advocate, Hosdurg, is produced in support of the submission. 3. In view of the subsequent developments, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm