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Judgments of Supreme Court of India and High Courts

Santhoshkumar C.S vs State Of Kerala on 29 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, 1941

Bail Appl..No.7326 OF 2019

CRIME NO.274/2019 OF Peringome Police Station , Kannur

PETITIONER/S:

1 SANTHOSHKUMAR C.S, AGED 39 YEARS
S/O.SIVADASAN NAIR, CHAKKALAKKAL HOUSE,
KOODAPRAM, THIMIRI, PERINGOME, KANNUR DISTRICT.

2 SIVADASAN NAIR, AGED 70 YEARS
S/O.MADHAVAN NAIR, CHAKKALAKKAL HOUSE,
KOODAPRAM, THIMIRI, PERINGOME, KANNUR DISTRICT.

BY ADV. SRI.C.P.PEETHAMBARAN

RESPONDENT/S:

STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
(REPRESENTING STATION HOUSE OFFICER, PERINGOME
POLICE STATION, KANNUR DISTRICT).

OTHER PRESENT:

SRI.AMJAD ALI, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
::2::

Bail Appl..No.7326 OF 2019

ALEXANDER THOMAS, J.
—————————–
B.A.No.7326 Of 2019
———————————
Dated this the 29th day of October, 2019.

ORDER

The petitioners herein have been initially arrayed as

accused Nos.1 2 among the 2 accused in the instant Crime

No.274/2019 of Peringome Police Station, Kannur District,

which has been registered for offences punishable under

Sec.498A of the SectionI.P.C on the basis of the FI statement given by

the lady de facto complainant on 14.8.2019 at 4:30 p.m. in

respect of the alleged incidents that had happened for the

period from 12.4.2008 to 2.6.2019. The lady de facto

complainant is the wife of the 1 st petitioner (A1) and the 2nd

petitioner (A2) is the father of the 1st petitioner.

2. The prosecution case in short is that after the

marriage between the spouses, the petitioners have treated the

de facto complainant with cruelty and harassment and that

they have demanded more dowry, etc. The Police after

investigation has deleted the 2nd petitioner from the accused
::3::

Bail Appl..No.7326 OF 2019

array and the 1st petitioner is the only accused in the instant

Crime. Since the 2nd petitioner (A2) has been deleted from the

accused array, the prayer made by the 2nd petitioner for grant

of anticipatory bail has become infructuous and redundant.

3. After hearing both sides and on an evaluation of the

facts and circumstances, this Court is of the view that custodial

interrogation of the 1st petitioner (sole accused) may not be

necessary or warranted for effectuating proper and fair

conduct of the investigation in the instant Crime.

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

1st petitioner being arrested in connection with Crime

No.274/2019 of Peringome Police Station, Kannur District,

then he shall be released on bail on his executing a bond for

Rs.40,000/- (Rupees Forty Thousand only) and on his

furnishing 2 solvent sureties for the like sum each to the

satisfaction of the Investigating Officer concerned. However,

the above order shall be subject to the following conditions:

(i) The 1st petitioner shall not involve in any criminal
offences of similar nature.

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Bail Appl..No.7326 OF 2019

(ii) The 1st petitioner shall fully co-operate with the
investigation.

(iii) The 1st petitioner shall report before the
Investigating Officer as and when required in
that connection.

(iv) The 1st petitioner shall not influence the witnesses
or shall not tamper or attempt to tamper evidence
in any manner, whatsoever.

(v) In case of violation of any of the above conditions,
the jurisdictional Court concerned will stand
hereby empowered to consider the application for
cancellation of bail, if required, and pass
appropriate orders in accordance with the law.

With these observations and directions, the above Bail

Application stands disposed of.

Sd/-

ALEXANDER THOMAS,
Judge.

bkn/-

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