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Ratheesh V vs State Of Kerala on 19 December, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 19TH DAY OF DECEMBER 2019 / 28TH AGRAHAYANA, 1941

Bail Appl..No.8792 OF 2019

PETITIONER/S:

1 RATHEESH V.,
AGED 32 YEARS
S/O. LATE J. VENUGOPALA VADHYAR, VADHYAR PARAMBU,
PURAKKADU, AMBALAPPUZHA, ALAPPUZHA.

2 SUSEELA,
AGED 62 YEARS
W/O. LATE J. VENUGOPALA VADHYAR, VADHYAR PARAMBU,
PURAKKADU, AMBALAPPUZHA, ALAPPUZHA.

BY ADV. SRI.SYAM J SAM

RESPONDENT/S:

1 STATE OF KERALA,
REPRESENTED BY THE SHO AMBALAPPUZHA POLICE STATION,
THROUGH PUBLIC PROSECUTOR, JHIGH COURT OF KERALA,
ERNAKULAM.

2 THE ASSISTANT SUPEERINTEND OF POLICE,
SP OFFICE, ALAPPUZHA

OTHER PRESENT:

SRI. C.K.PRASAD- PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.8792 OF 2019 2

ALEXANDER THOMAS, J.
—————————————–
B.A. No. 8792 of 2019
—————————————–
Dated this the 19th day of December, 2019

ORDER

The petitioners herein, who are the son and mother have filed the

instant anticipatory bail application on the premise that some crime may

have been registered at the Ambalapuzha Police Station alleging offence as

per Sec.306 of the SectionIPC in relation to the suicide committed by the wife of

the 1st petitioner herein. The learned Prosecutor was asked to get

instructions in the matter. Today, when the matter has been taken up for

consideration, Sri.C.K.Prasad, learned Prosecutor would submit on the

basis of the instructions of the SHO, Ambalapuzha Police Station that as if

now, the petitioner has not been arrayed as an accused in any crime

registered at that police station. Further that, Crime No.1572/2019 has

been registered at Ambalapuzha police station for offence punishable under

Sec. 498A of the SectionIPC in which the 2 nd petitioner herein has been arrayed as

the sole accused therein as of now.

2. Accordingly, the following conditions and orders are passed :

1) In case, the SHO, Ambalapuzha subsequently gets any objective materials so as
to array the 1st petitioner as an accused in the abovesaid crime or in any other
crime for non-bailable offence, then the SHO concerned will issue prior notice
to the petitioner under Sec.41A of the SectionCr.P.C. and then thereafter, may proceed
Bail Appl..No.8792 OF 2019 3

in accordance with the law.

2) The learned Prosecutor will forthwith give a photocopy of the FIR and FIS in

relation to Crime No.1572/2019 of Ambalapuzha Police Station, in which the 2 nd

petitioner herein has been arrayed as the sole accused for the offence

punishable as per Sec.498A of the SectionIPC to Sri.Syam J.Sam, learned counsel

appearing for the petitioners today itself and thereafter it is for the 2 nd

petitioner to work out the remedies in accordance with the law.

3. However, in the interest of justice it is ordered, solely for the

purpose of preservation of the subject matter of the lis that further coercive

steps including the proposed arrest of the 2 nd petitioner in relation to her

involvement in the said crime shall be deferred by the investigating officer

for a period of one month in order to enable her to seek appropriate

remedies in accordance with law, in the meanwhile.

With these observations and directions, the above bail application

will stand disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE

SKS

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