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Rahul.R.K vs State Of Kerala on 24 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 24TH DAY OF SEPTEMBER 2019 / 2ND ASWINA, 1941

Bail Appl..No.6164 OF 2019

AGAINST THE ORDER/JUDGMENT IN CRMC 1012/2019 DATED 30-07-2019 OF
DISTRICT COURT SESSIONS COURT,KOZHIKODE

CRIME NO.492/2019 OF Kunnamangalam Police Station , Kozhikode

PETITIONERS/ACCUSED:

1 RAHUL.R.K
AGED 38 YEARS
S/O.CHANDRAN R.K., RARAMKANDY HOUSE, KARANTHUR.P.O,
KUNNAMANGALAM, KOZHIKODE DISTRICT.

2 AJITHA K.T., W/O CHANDRAN R.K.
AGED 57 YEARS, RARAMKANDY HOUSE, KARANTHUR P.O.,
KUNNAMANGALAM, KOZHIKODE DISTRICT

BY ADV. SRI.SOJAN MICHEAL

RESPONDENT/COMPLAINANT:

STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, KOCHI-31

OTHER PRESENT:

SRI.AMJAD ALI, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.6164 OF 2019 2

ALEXANDER THOMAS, J.
—————————————–
B.A. No. 6164 of 2019
—————————————–
Dated this the 24th day of September, 2019

ORDER

The subject crime in this case is Annexure-I Crime No.492/2019 of

Kunnamangalam Police Station which has been initially registered under

Sec.174 of the SectionCr.P.C. on account of the unnatural death of the victim lady

concerned. Later, the Police after investigation has altered the offence to

that as per Sec. 498A of the SectionIPC and have arrayed 2 petitioners herein as

the 2 accused therein. The 1st petitioner (A1) is the husband of the lady

victim. The 2nd petitioner (A2) herein is the mother of the A1.

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

abovesaid spouses, the petitioners have treated the lady with harassment

and cruelty and that when the lady became 3 months pregnant, the doctor

had advised her to take complete bed rest. In spite of that, the petitioners

compelled her to do various household works and has scolded her for silly

matters etc. and thus inflicted cruelty on her.

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 petitioners may not be really warranted

for effectuating the smooth and effective conduct of the investigation.
Bail Appl..No.6164 OF 2019 3

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

being arrested by police in connection with the abovesaid crime, they shall

be released on bail on their executing a bond for Rs.40,000/- (Rupees

Forty Thousand only) each and on separately furnishing two solvent

sureties for the likesum, both to the satisfaction of the Investigating Officer

concerned.

5. Further it is ordered that it will be subject to following conditions:-

(1) The petitioners shall not involve in any criminal offences of
similar nature.

(2) The petitioners shall fully co-operate with the investigation.
(3) The petitioners shall report before the Investigating Officer as
and when required in that connection.

(4) The petitioners shall not influence witness or shall not tamper or
attempt to tamper evidence in any manner, whatsoever.
(5) If there is any violation of the abovesaid conditions by the
petitioners then the jurisdictional court concerned stand hereby
empowered, to consider the plea for cancellation of bail at the
appropriate time.

With these observations and directions, the above Bail Application

will stand disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE
SKS

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