Krishnakumar vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jan 30, 2024

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Citation: sooperkanoon.com/1313781
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jan 30, 2024
Case Number: Bail Appl./10541/2023

Parties & Advocates

Appellant / Petitioner

Krishnakumar

Respondent

State of Kerala

Excerpt

.....third application seeking pre-arrest bail filed under section 438 of the code of criminal procedure, 1973.2. petitioner is the first accused in crime no.1240/2022 of adoor police station, pathanamthitta district, alleging offences punishable under section 394 r/w section 34 of the indian penal code, 1860.3. on 27.10.2022, while considering the anticipatory bail application of accused 1 to 3, this court found that the petitioner is not entitled to be released on anticipatory bail. however, accused 2 and 3 were granted anticipatory bail. thereafter, b.a. no.6072/2023 wasfiled by the petitioner alleging change of circumstances. by orderdated 15.09.2023, this court rejected the said application after finding that no specific change of circumstances have been pointed out by the petitioner. once again, petitioner has filed the present application seeking anticipatory bail.4. though sri. godwin joseph, the learned counsel for the petitioner vehemently contended that there is a change of circumstances, since various other matrimonial disputes between the -:3:-petitioner and his wife were not brought to the notice of this court earlier, i am of the view that the pendency of those matrimonial disputes between the petitioner and his wife is not a ground that can be projected as a change of circumstances. those circumstances already existed while the earlier two bail applications were rejected and they have no bearing on the allegations in the present crime especially due to the nature of overt acts alleged.5. the allegations in the fir are very serious. petitioner isalleged to have poured petrol over his wife threatening to kill her and thereafter, dragged her and even robbed her bag containing an amount of rs.1,75,600/-, apart from her mobile phone and other important documents.6. as rightly contended by sri. m.c.ashi, the learned public prosecutor, this is a case where custodial interrogation is essential. hence, i do not find any reason to grant anticipatory.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 30TH DAY OF JANUARY 2024 / 10TH MAGHA, 1945 BAIL APPL. NO. 10541 OF 2023 CRIME NO.1240/2022 OF ADOOR POLICE STATION, PATHANAMTHITTA AGAINST THE ORDER IN Bail Appl.No.6072/2023 OF HIGH COURT OF KERALA PETITIONER: KRISHNAKUMAR AGED 40 YEARS NADESSERLKIZHAKKETHIL THENGAMAM, PALLICKAL P.O., PATHANAMTHITTA DISTRICT, PIN - 690504 BY ADV GODWIN JOSEPH RESPONDENT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH STATION HOUSE OFFICER, ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT, PIN - 682031 BY ADV. M.C. ASHI, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:-
BECHU KURIAN THOMAS, J.
Dated this the 30th day of January, 2024

ORDER

This is the third application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

2. Petitioner is the first accused in Crime No.1240/2022 of Adoor Police Station, Pathanamthitta District, alleging offences punishable under Section 394 r/w Section 34 of the Indian Penal Code, 1860.

3. On 27.10.2022, while considering the anticipatory bail application of accused 1 to 3, this Court found that the petitioner is not entitled to be released on anticipatory bail. However, accused 2 and 3 were granted anticipatory bail. Thereafter, B.A. No.6072/2023 was

filed by the petitioner alleging change of circumstances. By order

dated 15.09.2023, this Court rejected the said application after finding that no specific change of circumstances have been pointed out by the petitioner. Once again, petitioner has filed the present application seeking anticipatory bail.

4. Though Sri. Godwin Joseph, the learned counsel for the petitioner vehemently contended that there is a change of circumstances, since various other matrimonial disputes between the -:3:-

petitioner and his wife were not brought to the notice of this Court earlier, I am of the view that the pendency of those matrimonial disputes between the petitioner and his wife is not a ground that can be projected as a change of circumstances. Those circumstances already existed while the earlier two bail applications were rejected and they have no bearing on the allegations in the present crime especially due to the nature of overt acts alleged.

5. The allegations in the FIR are very serious. Petitioner is

alleged to have poured petrol over his wife threatening to kill her and thereafter, dragged her and even robbed her bag containing an amount of Rs.1,75,600/-, apart from her mobile phone and other important documents.

6. As rightly contended by Sri. M.C.Ashi, the learned Public Prosecutor, this is a case where custodial interrogation is essential. Hence, I do not find any reason to grant anticipatory bail to the petitioner. Accordingly, this bail application is dismissed. Sd/- BECHU KURIAN THOMAS JUDGE jka/30.01.23

Same Court & Year Kerala Orders · 2024 Same Parties Krishnakumar vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas