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