Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 Crime No.532 of 2022 of Koodal Police Station, Pathanamthitta PETITIONER/S: AJESH KRISHNA AGED 42 YEARS S/O. CHANDRASEKHARAN NAIR, IRATTAMULLUVELIL HOUSE, MANKODE P.O., KALANJOOR, KONNI TALUK, PATHANAMTHITTA DISTRICT, PIN - 689694 BY ADVS. VISHAK.K.JOHNSON S.NITHIN (ANCHAL) RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: PP SRI.NOUSHAD K.A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
B.A. No. 7680 of 2022 Dated this the 6th day of October, 2022
ORDER
This is an application for regular bail filed under Section 439 of Code of Criminal Procedure, 1973.
2. Petitioner is the accused in Crime No.532 of 2022 of Koodal
Police Station, Pathanamthitta District. The offences alleged against the petitioner are punishable under Section 498-A, 306 and 201 of the Indian Penal Code,1860.
3. According to the prosecution, petitioner had physically and mentally assaulted his wife demanding dowry who thereafter
committed suicide on 30-07-2022 and also caused the disappearance of the suicide letter written by the deceased, and thereby the accused committed the offences alleged.
4. Sri. Vishak Johnson, the learned counsel for the petitioner
contended that the prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 2-08-2022 and that in the nature of the allegation, the continued detention is not essential for the investigation.
5. Sri. Noushad K.A., the learned Public Persecutor opposed
the grant of bail and contended that the allegations against the petitioner are serious in nature and releasing him on bail at this juncture would cause prejudice to the investigation. In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the witnesses.
(d) Petitioner shall not commit any similar offences while he is on bail. In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court. BECHU KURIAN THOMAS JUDGE AJM/6/10/22