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Judgments of Supreme Court of India and High Courts

Gokul Prakash vs Kerala State on 27 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA,
1941

Bail Appl..No.9026 OF 2019

AGAINST THE ORDER/JUDGMENT IN CRMC 1344/2019 OF DISTRICT
COURT SESSIONS COURT,KOLLAM

CRIME NO.141/2019 OF ERAVIPURAM POLICE STATION , Kollam

PETITIONERS/ACCUSED:

1 GOKUL PRAKASH, AGED 29 YEARS
S/O PRAKASH KUMARAN, VELITHOTTAM HOUSE,
PATTATHANAM NAGAR-8, PATTATHANAM P.O, KOLLAM.

2 PRAKASH KUMARAN, AGED 61 YEARS
S/O KUMARAN, VELITHOTTAM HOUSE,
PATTATHANAM NAGAR-8, PATTATHANAM P.O, KOLLAM.

3 SARASWATHY M, AGED 52 YEARS
W/O KUMARAN, VELITHOTTAM HOUSE,
PATTATHANAM NAGAR-8, PATTATHANAM P.O, KOLLAM.

BY ADVS.
SRI.ARUN BABU
SRI.C.S.SUMESH

RESPONDENTS/COMPLAINANT/STATE:

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

2 SUB INSPECTOR OF POLICE
ERAVIPURAM POLICE STATION,KOLLAM.

BY SR. PP SRI. SANTHOSH PETER

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 27.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No.9026 OF 2019

..2..

Bail Appl..No.9026 OF 2019
———————————–

ORDER

This is an application for anticipatory bail under

Section 438 of the Code of Criminal Procedure.

2. Petitioners are the accused in Crime No. 141 of

2019 of Eravipuram Police Station registered for offences

punishable under Sections 498A, 406, 323 and 506 read with

Section 34 of the Indian Penal Code. The first petitioner is the

husband of the de facto complainant and petitioners 2 and 3

are the mother and father of the first petitioner. The

accusation against the petitioners in essence is that they have

subjected the de facto complainant to cruelty when they were

residing together.

3. Heard the learned counsel for the petitioners

as also the learned Public Prosecutor.

4. I have gone through the case diary. It is seen

that the dispute arose on account of the matrimonial discord

between the de facto complainant and her husband, the first

petitioner. In the circumstances, in the light of the decision of

the Apex Court in Siddharam Satlingappa Mhetre v. State
Bail Appl..No.9026 OF 2019

..3..

of Maharashtra (AIR 2011 SC 312), I am inclined to grant

anticipatory bail to the petitioners on the following conditions:

i) The petitioners shall make themselves
available for interrogation before the Investigating
Officer within ten days from today. They shall also
make themselves available for interrogation before the
Investigating Officer as and when directed by the
Investigating Officer in writing to do so;

ii) If the petitioners are arrested prior to, or after
their appearance before the Investigating Officer in
terms of this order, they shall be released from
custody on execution of bond for Rs.25,000/- (Rupees
Twenty Five Thousand only) each with two sureties
each for the like sum.

iii) The petitioners shall not influence or
intimidate the prosecution witnesses nor shall they
attempt to tamper with the evidence of the
prosecution.

iv) The petitioners shall not involve in any other
offence while on bail.

Sd/-

P.B.SURESH KUMAR
JUDGE
ds 28.02.2020

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