SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Pratheesh vs State Of Kerala on 5 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 05TH DAY OF NOVEMBER 2019 / 14TH KARTHIKA, 1941

Bail Appl..No.7573 OF 2019

AGAINST THE ORDER/JUDGMENT IN CMP 3715/2019 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT, KADAKKAL

CRIME NO.1871/2019 OF KADAKKAL POLICE STATION, KOLLAM DISTRICT

PETITIONER:

PRATHEESH,
S/O. SOMAN, V.S. BHAVAN,
CHERIYA VENGAD , PERAPPU,
VATTATHAMARA, KUMMIL,
KADAKKAL, KOLLAM.

BY ADV. SRI.LIJU. M.P

RESPONDENT:

STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM 682031.

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.7573 OF 2019

2

ALEXANDER THOMAS, J.

B.A. No.7573 of 2019
———————————–
Dated this the 05th day of November, 2019

ORDER

The petitioner herein has been initially arryed as accused No.one in

the instant Crime No.1871/2019 Kadakkal Police Station, Kollam,

registered for offences punishable under Secs.498A, 323 324 of the

SectionIPC. The said crime has been registered on the basis of the First

Information Statement given by the lady de facto complainant on

20.10.2019 at about 5p.m., in respect of the alleged incident which

happened for the period from 01.10.2018 to 13.09.2019. The lady

de facto complainant in this case is the wife of the petitioner (A-1).

Accused Nos.2 3 are the mother and father of the petitioner (A-1). The

police after investigation has now deleted A-2 A-3 from the accused

array. The petitioner is the sole accused in this case.

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

abovesaid spouses, the petitioner has consistently treated the lady with

cruelty and harassment and that he has misappropriated her gold
Bail Appl..No.7573 OF 2019

3

ornaments and that he has illiticit relationship with other women and

that he had demanded her to bring more dowry and that he has assaulted

her, etc. and thereby, he has committed the abovesaid offences, etc.

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

and circumstances of this case, this Court is inclined to take the view that

the custodial interrogation of the petitioner is not necessary, for

effectuating the smooth and fair conduct of the investigation in this

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

arrested in relation to the instant crime, he shall be released on bail on

his executing bond for Rs.40,000/- (Rupees Forty Thousand only) and

on his furnishing two solvent sureties for the like sum each, both to the

satisfaction of the Investigating Officer concerned. However, the above

order shall be subject to the 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 the petitioner violates any of the above conditions, the

jurisdictional Court concerned will stand hereby empowered to consider
Bail Appl..No.7573 OF 2019

4

the application for cancellation of bail, if required, and pass appropriate

orders in accordance with law.

With these observations and directions, the above Bail Application

will stand disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE
vgd

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation