Chithran vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 30, 2022

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Citation: sooperkanoon.com/1491471
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jun 30, 2022
Case Number: Bail Appl./4740/2022

Parties & Advocates

Appellant / Petitioner

Chithran

Respondent

State of Kerala

Excerpt

.....of the code of criminal procedure, 1973.2. petitioner is the accused in crime no.608/2022 of narakkal police station, ernakulam district alleging offence under section 498a of the indian penal code, 1860.3. the prosecution case is that the the petitioner physically andmentally harrassed the defacto complainant and even doubted the paternity of their child and also threatened to end his life if she went for work and thereby committing the offence alleged.4. the learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter and that he is falsely implicated in the crime.5. i have 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. 608/2022 of narakkal police station subject to the following conditions:-(i) petitioner shall execute a 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. 608/2022 of narakkal police station as and when required.(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.608/2022 of narakkal police station.(iv) petitioner shall not involve in any other crime while onbail. if any of the aforesaid conditions are violated, the investigating officer in crime 608/2022 of narakkal police station may file an application before the jurisdictional court for cancellation of bail. sd/- bechu kurian thomas, judge rkm

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 30TH DAY OF JUNE 2022 / 9TH ASHADHA, 1944 (CRIME NO.608 OF 2022 OF NARAKKAL POLICE STATION, ERNAKULAM) PETITIONER/ ACCUSED : CHITHRAN, AGED 43 YEARS, KOCHIKATTU HOUSE, EDAMUTTAM, THRISSUR DISTRICT, PIN - 680 568 BY ADVS. M.K.FAISAL K.G.PREETHY RESPONDENT : STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 SRI.NOUSHAD.K.A, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
=-=-=-=-=-=-=-=-=-=-=-=-=- B.A.No.4740 of 2022 =-=-=-=-=-=-=-=-=-=-= Dated this the 30th day of June, 2022

ORDER

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

2. Petitioner is the accused in Crime No.608/2022 of Narakkal Police Station, Ernakulam District alleging offence under Section 498A of the Indian Penal Code, 1860.

3. The prosecution case is that the the petitioner physically and

mentally harrassed the defacto complainant and even doubted the paternity of their child and also threatened to end his life if she went for work and thereby committing the offence alleged.

4. The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter and that he is falsely implicated in the crime.

5. I have 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. 608/2022 of Narakkal Police Station subject to the following conditions:-

(i) Petitioner shall execute a 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. 608/2022 of Narakkal Police Station as and when required.

(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.608/2022 of Narakkal Police Station.

(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 608/2022 of Narakkal Police Station may file an application before the jurisdictional Court for cancellation of bail. Sd/- BECHU KURIAN THOMAS, JUDGE RKM

Same Court & Year Kerala · 2022 Same Parties Chithran vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas