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Prasanth K.P vs State Of Kerala on 13 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 13TH DAY OF FEBRUARY 2020 / 24TH MAGHA, 1941

Bail Appl..No.21 OF 2020

CRIME NO.406/2019 OF Vellathooval Police Station, Idukki

PETITIONER/ACCUSED:

PRASANTH K.P
AGED 33 YEARS
S/O. PRADEEP, KALATHARAMBIL HOUSE, MATTANCHERRY P.O.
CHULLIKKAL, PANDIKUDY, COCHIN 682 002.

BY ADVS.
SRI.RAJU SEBASTIAN VADAKKEKKARA
SRI.S.KRISHNA KUMAR (MANGALAM)
SHRI.SANTHOSH BHASKARAN NAIR
SHRI.SABAD K.H.
SHRI.BERTRAND BASIL

RESPONDENT/COMPLAINANT:

STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, (ON BEHALF OF THE
S.I. OF POLICE, VELLATHOOVAL POLICE STATION)
PIN – 682 031.

SRI.AMJAD ALI – SR.PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.21 OF 2020

2

Bail Application No.21 of 2020

———————————————-

ORDER

This is an application for anticipatory bail under Section

438 of the Code of Criminal Procedure.

2. The petitioner is the sole accused in Crime No.406 of

2019 of Vellathooval Police Station registered for offences

punishable under Sections 306 and 498A of the Indian Penal Code.

The wife of the petitioner has poured Kerosene on her body, set

fire and committed suicide. The accusation is that the petitioner

has abetted her to commit suicide.

3. Heard the learned counsel for the petitioner as

also the learned Public Prosecutor.

4. The learned Public Prosecutor has made available

the case diary and I have perused the same. The case diary

includes the dying declaration of the deceased as well. The dying

declaration does not prima facie disclose the offences attributed

against the petitioner.

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

the Apex Court in Siddharam Satlingappa Mhetre v. State of

Maharashtra, AIR 2011 SC 312 I am inclined to grant anticipatory

bail to the petitioner on the following conditions:
Bail Appl..No.21 OF 2020

3

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

ii) If the petitioner is arrested prior to, or after his
appearance before the Investigating Officer in terms of
this order, he shall be released from custody on
execution of a bond for Rs.25,000/- with two sureties
each for the like sum.

(iii) The petitioner shall not influence or intimidate the
prosecution witnesses nor shall he attempt to tamper
with the evidence of the prosecution.

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

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV

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