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.
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B.A. No. 8792 of 2019
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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