SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Thankachan.K vs State Of Kerala on 24 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 24TH DAY OF OCTOBER 2019 / 2ND KARTHIKA, 1941

Bail Appl..No.7313 OF 2019

AGAINST THE ORDER/JUDGMENT IN CMP 2141/2019 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, KARUNAGAPPALLY

CRIME NO.1305/2019 OF Karunagapally Police Station, Kollam

PETITIONER/ACCUSED :

THANKACHAN.K,
AGED 48 YEARS,
S/O.KUMARAN, AMMINI VILASAM VEEDU,
ALUMKADAVU P.O., KARUNAGAPPALLY, KOLLAM.

BY ADV. SRI.M.R.SASITH

RESPONDENTS :

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682031.

2 THE SUB INSPECTOR OF POLICE,
KARUNAGAPPALLY POLICE STATION, KOLLAM- 690001.

R1 BY PUBLIC PROSECUTOR

OTHER PRESENT:

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.7313 OF 2019 2

ALEXANDER THOMAS, J.
—————————————–
B.A. No. 7313 of 2019
—————————————–
Dated this the 24th day of October, 2019

ORDER

The petitioner herein has been arrayed as the sole accused in the

instant Crime No.1305/2019 of Karunagappally Police Station which has

been registered for the offences punishable under Secs. 498A, 323 and 506

of the SectionIPC on the basis of the complaint given by the lady defacto

complainant (petitioner’s wife) on 20.08.2019 at 8 p.m. in respect of the

incidents which happened for the period from 01.06.2001 to 23.07.2019.

2. The brief of the prosecution case is that after the marriage of

the abovesaid spouses, the petitioner has treated the lady with cruelty and

harassment and that the petitioner has misappropriated her gold

ornaments and has demanded for more dowry etc.

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 petitioner may not be necessary for the

smooth and effective conduct of the investigation of this crime.

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

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

released on bail on his executing a bond for Rs.40,000/- (Rupees Forty
Bail Appl..No.7313 OF 2019 3

Thousand only) each and on 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 petitioner shall appear before the Investigating Officer on every 2 nd
and 4th Saturdays, at any time between 10 am and 1 pm, for a further period of
3 months and thereafter he will report before the investigating officer as and
when directed by the said officer.

(2) The petitioner shall not involve in any criminal offences of similar
nature.

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

(5) The petitioner shall not influence witness or shall not tamper or attempt
to tamper evidence in any manner, whatsoever.

(6) If there is any violation of the abovesaid conditions by the petitioner 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

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation