IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 8TH DAY OF JULY 2022 / 17TH ASHADHA, 1944 BAIL APPL. NO. 4968 OF 2022 (CRIME NO.1182/2022 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA)
PETITIONER/S: SAMUEL GEORGE AGED 44 YEARS S/O C S GEORGE, CHUDUKATTIL HOUSE,THALAVADY P.O, ALAPPUZHA, PIN - 689572 BY ADVS.
T.P.PRADEEP P.K.SATHEES KUMAR R.K.PRASANTH MINIKUMARY M.V.
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 08.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
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B.A.No.4968 of 2022 ------------------------------------------------
Dated this the 8th day of July, 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 sole accused in Crime No.1182/2022 of Thiruvalla Police Station, Pathanamthitta district. The offences alleged against the petitioner are under Sections 498A, 323 and 506 of the Indian Penal Code, 1860.
3. The petitioner is the husband of the de facto complainant.
Petitioner’s marriage with the de facto complainant was solemnised in the year 2013 and two children were born out of their wedlock. The prosecution case is that the petitioner used to threaten the de facto complainant after consuming alcohol and also tried to assault her. It is also alleged that the petitioner harassed the defacto complainant mentally and physically in pursuance of demand for dowry and hence, committed the offences alleged against him. 4. Sri.T.P. Pradeep, learned Counsel for the petitioner submitted 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.1182/2022 of Thiruvalla Police Station, Pathanamthitta district, subject to the following conditions i) Petitioner shall execute 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 OfÏcer in Crime No.1182/2022 of Thiruvalla police station, Pathanamthitta district as and when required.
iii)Petitioner shall not attempt to contact the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1182/2022 of Thiruvalla police station, Pathanamthitta district.
iv) Petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating OfÏcer in Crime No. Crime No.1182/2022 of Thiruvalla police station, Pathanamthitta district may file an application before the jurisdictional Court for cancellation of bail.
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BECHU KURIAN THOMAS JUDGE jm/
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