P.B. Arunkumar vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 29, 2022

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Citation: sooperkanoon.com/1442985
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Mar 29, 2022
Case Number: Bail Appl./393/2022

Parties & Advocates

Appellant / Petitioner

P.B. Arunkumar

Respondent

State of Kerala

Excerpt

.....crime no.17/2022 of edathala police station, ernakulam district alleging commission of offences punishable under sections 498a of the indian penal code.3. the allegation against the petitioner is that on 29.12.2021, thepetitioner assaulted the de facto complainant by demanding more dowry. the marriage between the petitioner and the de facto complainant was on 16.03.2014 and they have a boy child in the wedlock.4. the learned counsel appearing for the petitioner would submit that thepetitioner is absolutely innocent in the matter and he has been falsely implicated in the crime in order to settle other matrimonial disputes. it is submitted that the petitioner had no occasion to harass the de facto complainant in any manner.5. heard the learned public prosecutor also.6. having regard to the facts and circumstances of the case andconsidering the nature of the allegations against the petitioner, i am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.7. in the result, this application is allowed. it is directed that thepetitioner shall be released on anticipatory bail, in the event of arrest in crime no.17/2022 of edathala police station, ernakulam district subject to the following conditions:-(i) petitioner shall execute a separate bond for a sum of rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;(ii) petitioner shall appear before the investigating officer in crime no.17/2022 of edathala police station, ernakulam district as and when called upon to do so;(iii) petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in crime no.17/2022 of edathala police station, ernakulam district;(iv) 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.17/2022 of edathala.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 29TH DAY OF MARCH 2022 / 8TH CHAITHRA, 1944 BAIL APPL. NO. 393 OF 2022 Crime No.17/2022 of Edathala Police Station, Ernakulam District PETITIONER/ACCUSED: P.B. ARUNKUMAR AGED 36 YEARS S/O P.S. BABU, PAZHUKKALAYIL HOUSE ERUMPAYAM P.O, THALAYOLAPPARAMBU, KOTTAYAM DIST PIN - 686605 BY ADVS. M.J.SANTHOSH V.A.NAVAS RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR SRI. M.C. ASHI (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for anticipatory bail.

2. The petitioner is the accused in Crime No.17/2022 of Edathala Police Station, Ernakulam District alleging commission of offences punishable under Sections 498A of the Indian Penal Code.

3. The allegation against the petitioner is that on 29.12.2021, the

petitioner assaulted the de facto complainant by demanding more dowry. The marriage between the petitioner and the de facto complainant was on 16.03.2014 and they have a boy child in the wedlock.

4. The learned counsel appearing for the petitioner would submit that the

petitioner is absolutely innocent in the matter and he has been falsely implicated in the crime in order to settle other matrimonial disputes. It is submitted that the petitioner had no occasion to harass the de facto complainant in any manner.

5. Heard the learned Public Prosecutor also.

6. 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.

7. In the result, this application is allowed. It is directed that the

petitioner shall be released on anticipatory bail, in the event of arrest in Crime No.17/2022 of Edathala Police Station, Ernakulam District subject to the following conditions:-

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

(ii) Petitioner shall appear before the investigating officer in Crime No.17/2022 of Edathala Police Station, Ernakulam District as and when called upon to do so;

(iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.17/2022 of Edathala Police Station, Ernakulam District;

(iv) 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.17/2022 of Edathala Police Station, Ernakulam District may file an application before the jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE spk

Same Court & Year Kerala · 2022 Same Parties P.B. Arunkumar vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.