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Harikrishnan K vs State Of Kerala on 8 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 08TH DAY OF NOVEMBER 2019 / 17TH KARTHIKA, 1941

Bail Appl..No.7663 OF 2019

CRIME NO.617/2019 OF Edathala Police Station , Ernakulam

PETITIONER:

HARIKRISHNAN K.,
AGED 32 YEARS
S/O.LATE KRISHNAKUMAR, HARI NANDHANAM, KARAMKODE
P.O., CHATHANNOOR, KOLLAM -691 579.

BY ADV. SRI.BIJU.P.N.

RESPONDENT/STATE:

STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, COCHIN – 31.

OTHER PRESENT:

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.11.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.7663/2019 2

ALEXANDER THOMAS, J.
——————————————-
B.A.No.7663 of 2019
———————————————-
Dated this the 8th day of November, 2019

ORDER

The petitioner herein has been arrayed as the sole accused in

the instant Crime No.617/2019 of Edathala Police Station, which has

been registered for offences punishable under Sections 498A, Section323,

and Section341 of the IPC on the basis of the First Information Statement

given by the lady defacto complainant on 9.9.2019 at about 2 p.m in

respect of the alleged incident which happened for the period from

13.10.2013 to 9.9.2019. The petitioner is the husband of the lady

de facto complainant’s daughter.

2. The brief of the prosecution case is that after the

marriage of the above said spouses, the petitioner has consistently

treated his wife with cruelty and harassment and that he had always

beaten her by saying that she lacks beauty and used to come after

getting himself intoxicated with the liquor and assaulted her and

when he had taken his wife and child to Kuwait, he had never taken

care of any of their means and necessities and without informing

them, he had abandoned them in Kuwait and came back to Kerala
B.A.No.7663/2019 3

and that thereby he has committed the above said offences.

3. After hearing both sides and after evaluation of the facts

and circumstances of this case, this Court is of the considered view

that custodial interrogation of the petitioners is not necessary.

Accordingly, it is ordered that in the event of the petitioner being

arrested by the 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) and on his furnishing two solvent

sureties each for the like sum both to the satisfaction of the

Investigating Officer concerned.

6. Further it is also ordered that it will be subject to

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

petitioner, then the jurisdictional court concerned stand hereby

empowered, to consider the plea for cancellation of bail at the
B.A.No.7663/2019 4

appropriate time.

With these observations and directions, the above Bail

Application stands allowed.

sd/-

ALEXANDER THOMAS, JUDGE

acd

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