SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Anilkumar vs State Of Kerala on 12 December, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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

PETITIONER/SOLE ACCUSED:

ANILKUMAR
AGED 39 YEARS
S/O.DAMODHARAN, THONDUTHARAYIL THEKKETHIL, BUDHANOOR
WEST MURI, MANNAR, ALAPPUZHA DISTRICT.

BY ADV. SRI.V.PHILIP MATHEW

RESPONDENT/STATE:

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

OTHER PRESENT:

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:
B.A.No.8745/2019 2

ALEXANDER THOMAS, J.
——————————————-
B.A.No.8745 of 2019
———————————————-
Dated this the 12th day of December, 2019

ORDER

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

anticipatory bail.

B.A.No.8745/2019 3

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
similar nature.

(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,
whatsoever.

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

disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE.

acd

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation