IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 12TH DAY OF DECEMBER 2019 / 21ST AGRAHAYANA, 1941
Bail Appl..No.8745 OF 2019
CRIME NO.2032/2019 OF Mannar Police Station , Alappuzha
AGED 39 YEARS
S/O.DAMODHARAN, THONDUTHARAYIL THEKKETHIL, BUDHANOOR
WEST MURI, MANNAR, ALAPPUZHA DISTRICT.
BY ADV. SRI.V.PHILIP MATHEW
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.12.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
B.A.No.8745 of 2019
Dated this the 12th day of December, 2019
The petitioner herein has been arrayed as the sole accused in the
instant Crime No.2032/2019 of Mannar Police Station, which has been
registered for offences punishable under Sections 323, Section324, Section427 and Section498A
of the IPC. The said crime has been registered pursuant to the private
criminal complaint filed by the lady de facto complainant, pursuant to
which the learned Magistrate has directed the Police to register a crime and
to conduct investigation in the allegations raised therein. The lady de facto
complainant herein is the wife of the petitioner herein.
2. The brief of the prosecution case is that, after the marriage of
the above said spouses on 28.09.2004, the petitioner had misappropriated
the lady’s gold ornaments coming to 10 sovereigns by selling it and using it
for his own benefit and that he had insisted that she should bring him extra
five sovereigns of gold ornaments and Rs.10,000/- and he had assaulted
her and slapped her on her face etc., and thereby he has committed the
above said offences.
3. The learned Public Prosecutor has opposed the plea for
3. After hearing both sides and after careful evaluation of the facts and
circumstances of the case, this Court is inclined to take the view that the
custodial interrogation of the petitioner may not be necessary for effectuating
smooth and fair conduct of the investigation in this crime. Accordingly, it is
ordered in the event of the petitioners being arrested in relation to the above said
crime, then he shall be released on bail on his executing a bond for Rs.40,000/-
(Forty thousand only) and on his furnishing two solvent sureties each for the like
sum both to the satisfaction of the Investigating Officer concerned. However,
the grant of bail will be subject to the following conditions:
(i) The petitioner shall not involve in any criminal offences of
(ii) The petitioner shall fully co-operate with the investigation.
(iii) The petitioner shall report before the Investigating Officer
as and when required in that connection.
(iv) The petitioner shall not influence witness or shall not
tamper or attempt to tamper evidence in any manner,
If there is any violation of the abovesaid conditions by the petitioners, then
the jurisdictional court concerned will stand hereby empowered to consider the
plea for cancellation of bail at the appropriate time.
With these observations and directions, the above Bail Application stands
ALEXANDER THOMAS, JUDGE.