Hareesh vs State of Kerala,

Type Court Judgment Court Kerala Decided Apr 01, 2019

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Citation: sooperkanoon.com/1892622
Court: Kerala High Court
Judge: Honourable Mr. Justice Alexander Thomas
Decided On: Apr 01, 2019
Case Number: Bail Appl./2391/2019

Parties & Advocates

Appellant / Petitioner

Hareesh

Respondent

State of Kerala,

Excerpt

.....::2::alexander thomas, j.----------------------------- b.a.no.2391 of 2019 --------------------------------- dated this the 1st day of april, 2019.orderthe petitioners herein are accused nos.1 to 3 in crime no.2098/2018 of kundara police station, which has been registered for offences punishable under secs.420, 498a & 34 of the i.p.c.2. the lady defacto complainant, who is the wife of the 1st petitioner, was ill-treated by the 1st petitioner for dowry. the incidents are alleged to have taken place in 2017.3. taking note of the facts and circumstances disclosed inthis case, more particularly, the nature of the allegations raised in this case, this court is inclined to consider the plea for pre-arrest bail. accordingly, it is ordered that in the event of the petitioners being arrested by the police in connection with the abovesaid crime, they shall be released on bail on their executing separate bonds for rs.40,000/- (rupees fourty thousand only) each and on furnishing two solvent sureties for the like sum each to the satisfaction of the investigating officer concerned.::3::4. further it is also ordered that it will be subject to following conditions:-(i) the petitioners shall not involve in any criminal offences of similar nature.(ii) the petitioners shall fully co-operate with the investigation.(iii) the petitioners shall report before the investigating officer as and when required in that connection.(iv) the petitioners shall not influence witness or shall not tamper or attempt to tamper evidence in any manner, whatsoever. if there is any violation of the abovesaid conditions by the petitioners, then the jurisdictional court concerned stand hereby empowered, to consider the plea for cancellation of bail at the appropriate time. with these observations and directions, the above bail application stands allowed. sd/- alexander thomas, judge. bkn/-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY ,THE 01ST DAY OF APRIL 2019 / 11TH CHAITHRA, 1941 CRIME NO. 2098/2018 OF Kundara Police Station , Kollam PETITIONER/S: 1 HAREESH, AGED 34 YEARS S/O.GEETHAKUMARI, GEETHA BHAVANAM, 2 GEETHAKUMARI AMMA, GEETHA BHAVANAM, VELLIMON WEST, PERINADU, KOLLAM-691511. 3 PREETHA, D/O.GEETHAKUMARI, GEETHA BHAVANAM, BY ADVS. SRI.M.KIRANLAL SRI.MANU RAMACHANDRAN SRI.R.RAJESH (VARKALA) SRI.T.S.SARATH RESPONDENT/S: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 SUB-INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM DISTRICT- 691501. 3 SANDHYA, D/O.RAJENDRAN PILLAI, CHERUKULATHU KRISHNA VILASOM, CHERUMOODU, VELLIMON.P.O., KOLLAM-691511. OTHER PRESENT: SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ::2::
ALEXANDER THOMAS, J.
----------------------------- B.A.No.2391 Of 2019 --------------------------------- Dated this the 1st day of April, 2019.

ORDER

The petitioners herein are accused Nos.1 to 3 in Crime No.2098/2018 of Kundara Police Station, which has been registered for offences punishable under Secs.420, 498A & 34 of the I.P.C.

2. The lady defacto complainant, who is the wife of the 1st petitioner, was ill-treated by the 1st petitioner for dowry. The incidents are alleged to have taken place in 2017.

3. Taking note of the facts and circumstances disclosed in

this case, more particularly, the nature of the allegations raised in this case, this Court is inclined to consider the plea for pre-arrest bail. Accordingly, it is ordered that in the event of the petitioners being arrested by the Police in connection with the abovesaid crime, they shall be released on bail on their executing separate bonds for Rs.40,000/- (Rupees Fourty Thousand only) each and on furnishing two solvent sureties for the like sum each to the satisfaction of the Investigating Officer concerned.

::3::

4. Further it is also ordered that it will be subject to following conditions:-

(i) The petitioners shall not involve in any criminal offences of similar nature.

(ii) The petitioners shall fully co-operate with the investigation.

(iii) The petitioners shall report before the Investigating Officer as and when required in that connection.

(iv) The petitioners shall not influence witness or shall not tamper or attempt to tamper evidence in any manner, whatsoever. If there is any violation of the abovesaid conditions by the petitioners, then the jurisdictional court concerned stand hereby empowered, to consider the plea for cancellation of bail at the appropriate time. With these observations and directions, the above Bail Application stands allowed. Sd/- ALEXANDER THOMAS, Judge. bkn/-

Same Court & Year Kerala · 2019 Same Parties Hareesh vs State of Kerala, Same Judge Honourable Mr. Justice Alexander Thomas