Kerala High Court
Viswanathan vs State Of Kerala on 24 June, 2022
BAIL APPL. NO. 4553 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
BAIL APPL. NO. 4553 OF 2022
AGAINST THE ORDER/JUDGMENT IN CMP 2083/2022 OF DISTRICT COURT&
SESSIONS COURT,PATHANAMTHITTA
PETITIONER/S:
VISWANATHAN
AGED 54 YEARS
S/O. OMANA,
VISWA NIVAS, VALLIYATHU JUNCTION,
PALLICKAL, ADOOR,
PATHANAMTHITTA DISTRICT,
, PIN - 690522
BY ADVS.
R.MURALEEKRISHNAN (MALAKKARA)
D.KISHORE
MEERA GOPINATH
RESPONDENT/S:
1 STATE OF KERALA
1.STATE OF KERALA REPRESENTED BY ITS
PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031, PIN - 682031
2 STATION HOUSE OFFICER
ADOOR POLICE STATION,
ADOOR, PATHANAMTHITTA DISTRICT,
, PIN - 691523
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
PP SMT.NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4553 OF 2022
2
BECHU KURIAN THOMAS, J.
========================
B.A.No.4553 of 2022
------------------------------------------------
Dated this the 24th 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.718/2022 of Adoor
Police Station, Pathanamthitta. The offences alleged against the
petitioner are under Sections 498A,294(b) and Section 324 r/w
Section 34 of the Indian Penal Code, 1860
3. The prosecution case is that the accused, who is the
husband of the defacto complainant harassed her mentally and
physically in pursuance of demand for dowry and hence, committed
the offence.
4. Sri.D.Kishore, learned Counsel for the petitioner
submitted that the petitioner is absolutely innocent in the matter
and that he is falsely implicated in the crime for justifying a
matrimonial dispute.
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
BAIL APPL. NO. 4553 OF 2022
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.718/2022 of Adoor Police Station, Pathanamthitta
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.
(ii) Petitioner shall appear before the Investigating Officer in
Crime No.718/2022 of Adoor Police Station,
Pathanamthitta, 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.718/2022 of Adoor Police Station, Pathanamthitta.
iv) Petitioner shall not involve in any other crime while on bail.
(vi) The petitioner shall not leave India without the
permission of the Court having jurisdiction.
If any of the aforesaid conditions are violated, the Investigating
Officer in Crime No.718/2022 of Adoor Police Station,
Pathanamthitta, may file an application before the jurisdictional
Court for cancellation of bail.
sd/
BECHU KURIAN THOMAS
JUDGE
jm/
BAIL APPL. NO. 4553 OF 2022
APPENDIX OF BAIL APPL. 4553/2022
PETITIONER ANNEXURES
Annexure1 TRUE COPY OF THE ORDER DATED 27.5.2022 IN
C.M.P. 2083/2022 ON THE FILE OF SESSIONS COURT,
PATHANAMTHITTA
