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P.Sangeeth vs State Of Kerala on 27 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

TUESDAY, THE 27TH DAY OF NOVEMBER 2018 / 6TH AGRAHAYANA, 1940

Bail Appl..No. 7807 of 2018

CRIME NO. 1896/2018 OF KADAKKAL POLICE STATION, KOLLAM

PETITIONER/ACCUSED:

P.SANGEETH, AGED 46 YEARS,
S/O.PRABHAKARAN, PERAMPANCHANI VEEDU,
KIZHAKKUMBHAGOM, CHITHARA, KOLLAM DISTRICT.

BY ADV. SRI.P.ANOOP (MULAVANA)

RESPONDENT:

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

SRI T R RENJITH, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 7807 of 2018 2

ORDER

This application is filed under Section 438 of the Code of

Criminal Procedure.

2. The applicant herein is the accused in Crime No. 1896 of

2018 of the Kadakkal Police Station, registered under Sections

498A, 323 and 341 of IPC.

3. The de facto complainant is the wife of the applicant

herein. Their marriage was solemnized in the year 2002. The

relationship became strained and they have been residing

separately since the year 2016. The allegation is that the

applicant subjected the de facto complainant to physical as well

as mental harassment demanding dowry.

4. The learned counsel appearing for the applicant

submitted that there is no merit in the allegations. According to

the learned counsel, at the instance of the minor daughter of the

applicant, Crime No.1773 of 2018 was registered on 09.10.2018
Bail Appl..No. 7807 of 2018 3

against a person, with whom the de facto complainant was

allegedly having a relationship. According to the learned counsel,

it is after registration of the Crime No.1773 of 2018, the subject

crime has been registered, on 29.10.2018, as a counter blast in

respect of some incident which took place in the year 2016.

5. Heard the learned Public Prosecutor and i have gone

through the FIR in Crime Nos. 1896 of 2018 and 1773 of 2018 of

the Kadakkal Police Station. Having regard to the facts and

circumstances, it doesn’t appear to me that the custodial

interrogation of the applicant herein is required for an effective

investigation in the instant case.

In the result, this application is allowed. In the event of

the arrest of the applicant in Crime No.1896 of 2018 of the

Kadakkal Police Station, he shall be released on bail on his

executing a bond for Rs.50,000/- (Rupees Fifty thousand only)

with two solvent sureties each for the like sum. However, the

above order shall be subject to the following conditions:
Bail Appl..No. 7807 of 2018 4

(i) The applicant shall co-operate with the
investigation and shall appear before the
Investigating Officer as and when he is called upon to
do so.

ii) He shall not directly or indirectly make any
inducement, threat or promise to any person
acquainted with the facts of the case so as to
dissuade him/her from disclosing such facts to the
court or to any police officer.

iii) He shall not commit any similar offence while on
bail.

In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the
application for cancellation, if any, and pass appropriate orders in
accordance with the law.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
DSV/-

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