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Pratheesh Kumar vs State Of Kerala on 19 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 19TH DAY OF SEPTEMBER 2019 / 28TH BHADRA, 1941

Bail Appl..No.5933 OF 2019

CRIME NO.488/2019 OF CHATHANNUR POLICE STATION , KOLLAM

PETITIONERS/ACCUSED NO.1 TO 3:

1 PRATHEESH KUMAR,
AGED 37 YEARS,
RENJITH BHAVAN, THAZAHAM MIDDLE, MEENADU,
CHATHANNUR, KOLLAM.

2 RATHEESH KUMAR,
AGED 60 YEARS,
RENJITH BHAVAN, THAZAHAM MIDDLE, MEENADU,
CHATHANNUR, KOLLAM.

3 RADHAMONY,
AGED 58 YEARS,
RENJITH BHAVAN, THAZAHAM MIDDLE, MEENADU,
CHATHANNUR, KOLLAM.

BY ADV. SRI.M.R.SASITH

RESPONDENTS:

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

2 THE SUB INSPECTOR OF POLICE,
CHATHANNUR POLICE STATION, KOLLAM-690 001.

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.09.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.5933 of 2019

2

ALEXANDER THOMAS, J.
——————-
B.A.No.5933 of 2019
—————————
Dated this the 19th day of September, 2019

ORDER

The petitioners herein have been arrayed as accused 1 to 3

respectively, among the three accused in the instant Crime

No.488/2019 of Chathannur Police Station, which has been

registered for the offences punishable under Sections 498A of IPC on

the basis of FI statement given by the lady defacto complainant on

03.08.2019 at about 7.18 pm and the said alleged incidents happened

during the period from 19.02.2013 to 03.08.2019. The lady defacto

complainant herein is the wife of the 1st petitioner herein (A1). The 2nd

and 3rd petitioners (A2 and A3) are the father and mother respectively

of the 1st petitioner (A1).

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

the above said persons, the petitioners have inflicted cruelty and

harassment on the lady defacto complainant and that they have

demanded more dowry, etc.

3. After hearing both sides and after careful evaluation of

the facts and circumstances of the case, this Court is inclined to take
Bail Appl..No.5933 of 2019

3

the view that the custodial interrogation of the petitioners may not be

necessary for the smooth and fair conduct of the investigation in this

crime.

4. Accordingly, it is ordered that in the event of the

petitioners being arrested in respect of the above crime, then they

shall be released on bail on their separately executing bond for

Rs.40,000/- (Rupees Forty Thousand only) each and on their

separately furnishing two solvent sureties each for the like sum both

to the satisfaction of the investigating officer concerned.

5. However, the above order in the matter of grant of bail

will be subject to the following conditions.

i. The petitioners shall not involve in any criminal
offences of similar nature.

ii. The petitioners shall fully co-operate with the
investigation.

iii. The petitioners shall report before the investigating
officer as and when required in that connection.
iv. The petitioners shall not influence witness or shall not
tamper or attempt to tamper evidence in any manner,
whatsoever.

6. If there is any violation of the above said conditions by

the petitioners then the jurisdiction court concerned will stand

hereby empowered, to consider the plea for cancellation of bail at the

appropriate time.

Bail Appl..No.5933 of 2019

4

With these observations and directions, the above Bail

Application will stand disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE
bng/20.09.19

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