IN THE HIGH COURT OF KERALA AT ERNAKULAM
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
AGED 48 YEARS,
S/O.KUMARAN, AMMINI VILASAM VEEDU,
ALUMKADAVU P.O., KARUNAGAPPALLY, KOLLAM.
BY ADV. SRI.M.R.SASITH
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
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
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
(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.