SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Online)(KER) 10845

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943 BAIL APPL. NO. 9630 OF 2021 CRIME NO.1250 OF 2021 OF PUNNAPRA POLICE STATION, ALAPPUZHA DISTRICT PETITIONERS/1ST TO 3RD ACCUSED PERSONS:

1 RATHEESH V. THAMPI AGED 43 YEARS SON OF SRI. V. A. THAMPI, VATTAKKUNNEL HOUSE, S. H. MOUNT P. O., KOTTAYAM DISTRICT, PIN-686 006.

2 P. S. THANKAMMA WIFE OF SRI. V. A. THAMPI, VATTAKKUNNEL HOUSE, S. H. MOUNT P. O., KOTTAYAM DISTRICT, PIN-686 006.

3 RAJINI V. THAMPI AGED 46 YEARS, DAUGHTER OF SRI.V.A.THAMPI,EMBAKKAL HOUSE, KUMARANALLOOR P.O., KOTTAYAM, KERALA, PIN – 686 016.

BY ADV. LUKE J CHIRAYIL RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

2 THE STATION HOUSE OFFICER PUNNAPRA POLICE STATION, ALAPPUZHA DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

3 SWAPNA A. K.

AGED 41 YEARS, DAUGHTER OF SRI.BHASKARAN, KOTHIRAPPALLY HOUSE, PUNNAPRA, PARAVOOR, ALAPPUZHA DISTRICT, KERALA, PIN-688 003.

SMT. SEETHA .S. (SR.PP)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for anticipatory bail.

2. Petitioners are the accused in Crime No.1250 of 2021 of Punnapra Police Station, Alappuzha District, alleging commission of offences under Section 498 read with Section 34 of the Indian Penal Code. The allegation against the petitioners is that after the 1st petitioner married the de-facto complainant on 10.09.2005, the petitioners used to physically and mentally harass the de-facto complainant and had also misappropriated gold ornaments of the de-facto complainant. There are certain other allegations that the 1st petitioner treated the de-facto complainant with cruelty etc. There is also an allegation of physical harassment by the 1st petitioner.

3. The learned counsel for the petitioners would submit that the allegations are completely false and have been raised only after the 1st petitioner filed a petition for divorce before the Family Court, Ettumanoor. It is submitted that it was only after receiving notice in the divorce petition that the de-facto complainant had raised complaints of the nature indicated above against the 1st petitioner and his mother, the 2nd petitioner and his sister, the 3rd petitioner. It is submitted that considering the nature of the allegations against the petitioners, their custodial interrogation is not necessary.

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 petitioners, I am of the view that the petitioners can be granted anticipatory bail since their custody may not be required for a proper investigation into Crime No.1250 of 2021 of Punnapra Police Station, Alappuzha District.

6. In the result, this bail application is allowed and it is directed that the petitioners shall be released on bail, in the event of their arrest in connection with Crime No.1250 of 2021 of Punnapra Police Station, Alappuzha District, subject to the following conditions:

(i)Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;

(ii) Petitioners shall co-operate with the investigation and shall report before the investigating officer in Crime No.1250 of 2021 of Punnapra Police Station, Alappuzha District, whenever called upon to do so;

(iii) Petitioners shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant or any witness in Crime No.1250 of 2021 of Punnapra Police Station, Alappuzha District;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1250 of 2021 of Punnapra Police Station, Alappuzha District, may file an application before the Jurisdictional Court, for cancellation of bail.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top