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Bijukumar vs State Of Kerala on 7 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941

Bail Appl..No.7796 OF 2019

CRIME NO.1917/2019 OF Sasthamcotta Police Station , Kollam

PETITIONER/ACCUSED:

BIJUKUMAR,
AGED 40 YEARS
S/O SUNDARAN PILLAI, KANDOLIL PADINJATTATHIL,
ARINALLOOR MURI, THEVALAKKARA VILLAGE, ARINALLOOR
P.O.KUNNATHOOR THALUK, KOLLAM DISTRICT, PIN-690 538.

BY ADV. SRI.P.V.DILEEP

RESPONDENT/COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.

2 THE STATION HOUSE OFFICER,
SASTHAMCOTTA POLICE STATION, SASTHAMCOTTA P.O.KOLLAM
DISTRICT, PIN-690 521.

OTHER PRESENT:

SRI.T.R.RENJITH, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.7796 OF 2019 2

ALEXANDER THOMAS, J.
—————————————–
B.A. No. 7796 of 2019
—————————————–
Dated this the 7th day of November, 2019

ORDER

The petitioner herein has been arrayed as the sole accused in the

instant Crime No.1917/2019 of Sasthamcotta Police Station which has been

registered for the offence punishable under Sec. 498A of the SectionIPC on the

basis of the FIS given by the petitioner’s wife.

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

petitioner has been consistently treated his wife with cruelty and

harassment and that he has misappropriated 25 sovereigns of gold

ornaments belonging to her and also Rs.1 lakh entrusted by her after the

marriage and that the petitioner has assaulted 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 petitioner may not be really necessary or

warranted for effectuating the smooth and fair conduct of the investigation.

5. Accordingly, it is ordered that in the event of the petitioner

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

released on bail on his executing a bond for Rs.40,000/- (Rupees Forty

Thousand only) each and on furnishing two solvent sureties for the
Bail Appl..No.7796 OF 2019 3

likesum, both to the satisfaction of the Investigating Officer concerned.

6. Further it is ordered that it will be subject to following conditions:-

(1) The petitioner shall not involve in any criminal offences of similar
nature.

(2) The petitioner shall fully co-operate with the investigation.
(3) The petitioner shall report before the Investigating Officer as and
when required in that connection.

(4) The petitioner 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
petitioner 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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