Ramesan K.M. vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 21, 2022

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Citation: sooperkanoon.com/1440303
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Jan 21, 2022
Case Number: Bail Appl./81/2022

Parties & Advocates

Appellant / Petitioner

Ramesan K.M.

Respondent

State of Kerala

Excerpt

.....petitioner is the sole accused in crime no.11 of2022 of taliparamba police station, kannur district, alleging commission of offence under section 498a of the indian penal code. the allegation against the petitioner is that he used to treat the de-facto complainant with cruelty and also harassed her mentally and physically and thereby he committed the offence alleged against him.3. the learned counsel for the petitioner submits thatthe petitioner and de-facto complainant got married in the year 2004 and they have two children and the elder child is 16 years old and the younger child is 10 years old. it is submitted that the petitioner was working abroad and that the complaint was filed only on account of the fact that the petitioner objected to the de-facto complaint, withdrawing huge sums of money from the account to which the petitioner was remitting his savings, for the purpose of the house construction of her sister.4. i have heard the learned public prosecutor also.5. having regard to the facts and circumstances of thecase and considering the nature of the allegations against the petitioner, i am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.6. in the result, this application is allowed and it isdirected that the petitioner shall be released on bail, in the event of his arrest in connection with crime no.11 of 2022 of taliparamba police station, kannur district, subject to the following conditions:(i) the petitioner shall execute a bond for a sum of rs.50,000/- (rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional court;(ii) the petitioner shall appear before the investigating officer in crime no.11 of 2022 of taliparamba police station, kannur district, whenever called upon to do so;(iii) the petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de- facto complainant or any witness in crime no.11 of 2022 of.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943 CRIME NO.11/2022 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT PETITIONER/ACCUSED: RAMESAN K.M. AGED 52 YEARS S/O.K.M.KRISHNAN, KUNNIL MADATHIL HOUSE, ANCHAMPEEDIKA P.O., MOTTAMMAL VIA, KANNUR DISTRICT, PIN - 670 331. BY ADV. M.V.AMARESAN RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. BY SRI. M.C. ASHI (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime No.11 of

2022 of Taliparamba Police Station, Kannur District, alleging commission of offence under Section 498A of the Indian Penal Code. The allegation against the petitioner is that he used to treat the de-facto complainant with cruelty and also harassed her mentally and physically and thereby he committed the offence alleged against him.

3. The learned counsel for the petitioner submits that

the petitioner and de-facto complainant got married in the year 2004 and they have two children and the elder child is 16 years old and the younger child is 10 years old. It is submitted that the petitioner was working abroad and that the complaint was filed only on account of the fact that the petitioner objected to the de-facto complaint, withdrawing huge sums of money from the account to which the petitioner was remitting his savings, for the purpose of the house construction of her sister.

4. I have heard the learned Public Prosecutor also.

5. Having regard to the facts and circumstances of the

case and considering the nature of the allegations against the petitioner, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.

6. In the result, this application is allowed and it is

directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.11 of 2022 of Taliparamba Police Station, Kannur District, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in Crime No.11 of 2022 of Taliparamba Police Station, Kannur District, whenever called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de- facto complainant or any witness in Crime No.11 of 2022 of Taliparamba Police Station, Kannur District;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.11 of 2022 of Taliparamba Police Station, Kannur District, may file an application before the Jurisdictional Court, for cancellation of bail. Sd/- GOPINATH P. JUDGE DK

Same Court & Year Kerala · 2022 Same Parties Ramesan K.M. vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.