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Akhilesh vs State Of Kerala on 23 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 23RD DAY OF SEPTEMBER 2019 / 1ST ASWINA, 1941

Bail Appl..No.6465 OF 2019

AGAINST THE ORDER/JUDGMENT IN CRMC 774/2019 DATED 17-08-2019 OF
DISTRICT COURT SESSIONS COURT,KOLLAM

CRIME NO.886/2019 OF Kundara Police Station , Kollam

PETITIONERS/ACCUSED 2 AND 3:

1 AKHILESH
AGED 34 YEARS
S/O.PRITHVIRAJ, ABHILASH MANDIRAM, ELAMPALLOOR,
KUNDARA, KOLLAM DISTRICT-691501.

2 PRITHVIRAJ
AGED 68 YEARS
S/O.DIVAKARAN, ABHILASH MANDIRAM, ELAMPALLOOR,
KUNDARA, KOLLAM DISTRICT-691501

BY ADVS.
SRI.M.KIRANLAL
SRI.MANU RAMACHANDRAN
SRI.T.S.SARATH
SRI.R.RAJESH (VARKALA)
SRI.T.M.MUHAMMED MUSTHAQ
SHRI.AJAY JAYACHANDRAN

RESPONDENTS/STATE COMPLAINANT:

STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.

OTHER PRESENT:

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.6465 OF 2019 2

ALEXANDER THOMAS, J.
—————————————–
B.A. No. 6465 of 2019
—————————————–
Dated this the 23rd day of September, 2019

ORDER

The petitioners herein have been arrayed as the accused Nos.2 and 3

among the 3 accused in the instant Crime No.886/2019 of the Kundara

Police Station which has been registered for the offences punishable under

Secs. 498A, 323 r/w 34 of the SectionIPC on the basis of the FIS given by the lady

defacto complainant on 1.5.2019 at 11.30 am in respect of the alleged

incidents which happened for the period 26.4.2015 to 01.05.2019. The lady

defacto complainant in this crime is the wife of A1. The 2 nd and 3rd

petitioners herein (A2 and A3) are the brother and father respectively of A1.

2. The prosecution case in short, is that after the marriage of the

abovesaid spouses, the accused persons have treated the lady defacto

complainant with cruelty and harassment and that they have demanded

more dowry from her and that A1 had physically assaulted her and that her

gold ornaments have been misappropriated by them and that they have

taken away her title deed in respect of property coming to 4.5 cents having

3 shop rooms therein and that A2 had also assaulted and attacked her etc.

3. After hearing both sides and after careful evaluation of the facts

and circumstances of this case, this Court is inclined to take the view that

the custodial interrogation of the petitioners may not be really necessary
Bail Appl..No.6465 OF 2019 3

for effectuating the smooth and effective conduct of the investigation of this

crime.

4. Accordingly, it is ordered that in the event of the petitioners

being arrested by police in connection with the abovesaid crime, they shall

be released on bail on their separately executing a bond for Rs.40,000/-

(Rupees Forty Thousand only) each and on separately furnishing two

solvent sureties for the likesum, both to the satisfaction of the Investigating

Officer concerned.

5.. Further it is ordered that it will be subject to following

conditions:-

1. The petitioners shall not involve in any criminal offences of similar
nature.

2. The petitioners shall fully co-operate with the investigation.

3. The petitioners shall report before the Investigating Officer as and
when required in that connection.

4. The petitioners shall not influence witness or shall not tamper or
attempt to tamper evidence in any manner, whatsoever.

5. If there is any violation of the abovesaid conditions by the
petitioners then the jurisdictional court concerned stand hereby
empowered, to consider the plea for cancellation of bail at the
appropriate time.

With these observations and directions, the above Bail Application will

stand disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE
SKS

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