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Sujith Sundaresan vs State Of Kerala on 6 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY,THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940

Bail Appl..No. 1467 of 2019

CRIME NO. 2057/2018 OF Pooyapally Police Station , Kollam

PETITIONER/S:

SUJITH SUNDARESAN
AGED 34 YEARS
S/O.SUNDARESAN, THIRUVONAM, POOYAPPALLY P.O.,
KOTTARAKKARA, KOLLAM DISTRICT.

BY ADV. SRI.B.MOHANLAL

RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM – 682 031.

2 THE STATION HOUSE OFFICER
POOYAPPALLY POLICE STATION, POOYAPPALLY P.O.,
KOLLAM DISTRICT – 691 303.

OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSEUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

B.A.No. 1467 of 2019

Dated this the 6th day of March, 2019
ORDER

The petitioner has been inducted as accused No.1 in Anx. A1 FIS

in Crime No.2057/2018 in Pooyappallay Police Station, Kollam

District, for offence punishable under Sec. 498A read with Sec. 34 of

the I.P.C. The defacto complainant, Smt.S.Ajitha, who is the wife of

the petitioner, has filed Crl.M.P.No.1770/2018 before the Judicial

First Class Magistrate’s Court-II, Kottarakkara, against the petitioner

and his close relatives alleging that, after her marriage with the

petitioner/1st accused on 21.12.2016, the accused persons had taken

away the gold ornaments and money given to her by her parents and

harassed her by demanding more dowry, etc. The learned Magistrate

has forwarded the complaint the 2nd respondent for investigation

under Sec. 156(3) of the Cr.P.C. which led to the registration of the

instant crime.

2. It is stated that the defacto complainant has also filed Anx.A2

O.P(H.M.A.).No.664/2018 before the the Family Court,

Thiruvananthapuram, against the petitioner under Sec. 9 of the Hindu

Marriage Act, 1955 for restitution of the conjugal rights on 19.3.2018.

3. Going by the nature of the allegations made in the

impugned complaint, this Court is the considered view that the plea
B.A.1467/19 – : 3 :-

for pre-arrest bail could be considered in favour of the petitioner.

Accordingly, it is ordered that in the event of the petitioner being

arrested by the Police in connection with the abovesaid crime, then he

shall be released on bail on his executing bond for Rs.40,000/- and

on furnishing two solvent sureties for the like sum each to the

satisfaction of the Investigating Officer concerned.

Further it is also ordered that it will be subject to 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 witnesses or shall not tamper or attempt to
tamper evidence in any manner, whatsoever.

If there is any violation of the abovesaid conditions by the

petitioner, then the jurisdictional court concerned will 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/-

sdk+ ALEXANDER THOMAS, JUDGE
B.A.1467/19 – : 4 :-
B.A.1467/19 – : 5 :-

Sd/-

ALEXANDER THOMAS

JUDGE

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