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2013 Supreme(Ker) 648

THOMAS P.JOSEPH
Manoj – Appellant
Versus
State of Kerala, represented by The Public Prosecutor High Court of Kerala – Respondent


Advocate Appeared:
For the Petitioner:P.S. Sreedharan Pillai, Arjun Sreedhar, Advocates.
For the Respondent: Sreejith, Public Prosecutor.

Judgment :

1. Petitioner is the 1st accused, in Crime No.226 of 2013 of the Thiruvambady police station for the offences punishable under Secs. 498A, 401, 423, 294(b) and 506 r/w. Sec. 34 of the Penal Code, apprehends arrest and has filed this application.

2. Learned Public Prosecutor has submitted that as per version of the de facto complainant, the petitioner assaulted her and the body note prepared by the police also revealed that the de facto complainant had sustained some injuries.

3. Learned counsel submits that the allegations are false.

4. Having regard to the nature of allegations made against the petitioner, I am inclined to think that custodial interrogation of the petitioner is not required. Hence I am incline to grant relief.

Resultantly, application is allowed as under:

1) Petitioner shall surrender before the officer investigating Crime No.226 of 2013 of the Thiruvambady police station on 21.11.2013 at 10:00 a.m. for interrogation.

2) In case interrogation is not completed that day, the said officer can direct the petitioner to appear before him on other date/dates and time which the petitioners shall comply.

3) In case the petitioner is arrested, he shall be prod






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