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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
BAIL APPL. NO. 7487 OF 2023
Crime No.1469/2023 of Attingal Police Station
AGAINST THE ORDER/JUDGMENT CRMC 1881/2023 OF ADDITIONAL DISTRICT
COURT SESSIONS COURT – IV, THIRUVANANTHAPURAM / I ADDITIONAL
MACT
PETITIONER:
ARUN U V, AGED 35 YEARS, NADUVATHU VEEDU,
KILITHATTUMUKKU, AVANAVANCHERY PO, ATTINGAL,
THIRUVANANTHAPURAM, PIN – 695101
BY ADVS.
P.BAJI RAVEENDRAN
SAMGEETHA KUMARY.G
GOVIND N.S.
RESHMA T.R.
LEKSHMI MOHAN
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA,ERNAKULAM, PIN – 682031
OTHER PRESENT:
SRI. G SUDHEER (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.7487/2023
ORDER
The petitioner is the 1st accused in Crime No.1469/2023 of Attingal Police
Station, Thiruvananthapuram District alleging commission of offence under Section
498A read with Section 34 of the Indian Penal Code.
2. The allegation against the petitioner is that after the marriage of the
petitioner with the de facto complainant at 27-06-2016 the petitioner and his
parents have been demanding dowry and have caused for mental and physical pain
to the de facto complainant and thereby they committed the offence alleged against
them. It is also alleged that when the de facto complainant requested for return of
certain gold ornaments given at the time of marriage as gift, she was assaulted by
the petitioner.
3. The learned counsel appearing for the petitioner would submit that the
petitioner is absolutely innocent in the matter and the allegations have been raised
solely on account of matrimonial disputes between the petitioner and the de facto
complainant.
4. Heard the learned Public prosecutor also.
5. Having regard to the facts and circumstances of the case and
considering the nature of the allegations and also considering the fact that final
report has already been filed in the matter, I am of the view that the petitioner can
be granted anticipatory bail subject to conditions. Therefore this bail application is
allowed. The petitioner shall be released on bail in the event of arrest in connection
with Crime No.1469/2023 of Attingal Police Station, Thiruvananthapuram, subject
to the following conditions:-
B.A. No.7487/2023
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty
thousand only) with two solvent sureties each for the like sum to the
satisfaction of the arresting officer;
(ii) The petitioner shall appear before the investigating officer in Crime
No.1469/2023 of Attingal Police Station, Thiruvananthapuram as and when
called upon to do so;
(iii) The petitioner shall not attempt to interfere with the investigation, influence
or intimidate the de facto complaint or any witness in Crime No.1469/2023
of Attingal Police Station, Thiruvananthapuram;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in
Crime No.1469/2023 of Attingal Police Station, Thiruvananthapuram may file an
application before the jurisdictional Court for cancellation of bail.
Sd/-
GOPINATH P.
JUDGE
AMG
B.A. No.7487/2023
APPENDIX OF BAIL APPL. 7487/2023
PETITIONER ANNEXURES
Annexure 1 ATTINGAL POLICE STATION CRIME FIR NO. 1296 OF 2023
DATED 28/05/2023