Kerala High Court
Bail Appl./7660/2006 of K.SIVAPRASAD Vs STATE OF KERALA on 29 December 2006
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH DECEMBER 2006 / 8TH POUSHA 1928 Bail Appl..No. 7660 of 2006() ----------------------------- CRIME NO.1298/2006 OF KOLLAM EAST POLICE STATION PETITIONER/ACCUSED: ------------------------------------
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
FRIDAY, THE 29TH DECEMBER 2006 / 8TH POUSHA 1928
Bail Appl..No. 7660 of 2006()
-----------------------------
CRIME NO.1298/2006 OF KOLLAM EAST POLICE STATION
PETITIONER/ACCUSED:
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K.SIVAPRASAD,
S/O.KOCHUKRISHNAN, MULLATHARA PADINJATTATHIL, THEKKEVILA CHERRY, MUNDAKKAL VILLAGE, KOLLAM.
BY ADV. SRI.P.A.NOOR MUHAMMED
SRI.C.K.PRASAD
RESPONDENTS: COMPLAINANT:
-------------------------
STATE OF KERALA,
REPRESENTED BY THE S.I.OF POLICE, KOLLAM EAST
POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR, SRI JAI GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 29/12/2006, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
M.N.KRISHNAN, J
------------------------------------------- B.A.No.7660 OF 2006
------------------------------------------- Dated this the 29[th] day of December, 2006
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O R D E R
This is an application for bail under Section 438 of theCr.P.C. The wife has filed a petition under Section 498 A againstthe husband and the husband has sought anticipatory bail. Thematrimonial relationship is in existence for 16 years. It issubmitted by the learned counsel for the petitioner that he hadfiled an application for divorce on the ground of adultery againstthe wife and it is only as a counter blast that the petition underSection 498 A has been filed.
2. Learned Public Prosecutor submits that there is no injurysustained by the defacto complainant viz. the wife. Sending thehusband to jail will only spoil any chance of reunion in amatrimonial dispute and as they are living separately now, noharm will be caused by granting bail to the petitioner.
3. Therefore the petition is allowed and the petitioner will bereleased on bail in the event of arrest on the followingconditions.
(i) He shall execute a bond for Rs.15,000/- with two solvent BA.7660/06
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sureties each for the like amount to the satisfaction of the officerarresting him.
(ii) This order shall be in force for a period of 30 days.
(iii) The petitioner shall make himself available forinterrogation whenever necessary.
(iv) He shall not influence or intimidate any witnesses.
kkb.
M.N.KRISHNANJudge