Kerala High Court

Bail Appl./10538/2022 of AJAYGHOSH T K Vs STATE OF KERALA on 30 December 2022

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 BAIL APPL. NO. 10538 OF 2022 CRIME NO.1434/2022 OF Medical College Police Station, Thiruvananthapuram PETITIONERS/ACCUSED NOS.1 TO 3: 1 AJAYGHOSH T K AGED 27

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944

BAIL APPL. NO. 10538 OF 2022

CRIME NO.1434/2022 OF Medical College Police Station, Thiruvananthapuram PETITIONERS/ACCUSED NOS.1 TO 3:

1AJAYGHOSH T KAGED 27 YEARSS/O THULASEEDHARAN, SANTHA MANDIRAM, ADAYAMONP.O, THATTATHUMALA,KILIMANOOR, THIRUVANANTHAPURAM, PIN – 695614

THATTATHUMALA,KILIMANOOR, THIRUVANANTHAPURAM, 2THULASEEDHARANAGED 76 YEARSS/ONEELAKANTAN, SANTHA MANDIRAM, ADAYAMON P.O, THATTATHUMALA,KILIMANOOR, THIRUVANANTHAPURAM, PIN – 695614

3KERALAKUMARYAGED 67 YEARSW/O THULASEEDHARAN, SANTHA MANDIRAM, ADAYAMON P.O, THATTATHUMALA, KILIMANOOR,THIRUVANANTHAPURAM, PIN – 695614

THATTATHUMALA, KILIMANOOR,THIRUVANANTHAPURAM, BY ADV. S.MOHAMMED AL RAFI

RESPONDENT/STATE:

STATE OF KERALAREPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031

SMT. NIMA JACOB, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.G. AJITHKUMAR, J.

-------------------------------

B.A.No. 10538 of 2022

-------------------------------------------------------- Dated this the 30[th] day of December, 2022

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O R D E R

This is an application for anticipatory bail filedunder Section 438 of the Code of Criminal Procedure,1973.

2. The petitioners are the accused in Crime No.1434 of 2022 of Medical college Police Station,Thiruvananthapuram district, for having allegedlycommitted an offence punishable under Section 498Ar/w. Section 34 of the Indian Penal Code, 1860.

3. The 1[st] petitioner married the first informant on01.09.2021. The prosecution allegation is that, the firstpetitioner along with his parents (petitioners 2 and 3),physically and mentally harassed the first informant,demanding more dowry and they have misappropriated her gold ornaments. Thus, they have committed theoffences alleged against them.

4. The petitioners would contend that they did notinvolve in the alleged crime and without any material orevidence, they were implicated in the crime.

The petitioners would contend that they did not

5. Having heard the learned counsel appearingfor the petitioners and the learned Public Prosecutor andconsidered the nature of the offence, I am of the viewthat the detention of the petitioners during the period ofinvestigation is not necessary in this case.

In the result, the bail application is allowed and the petitioners are directed to surrender before theinvestigating officer within two weeks. Afterinterrogation and in the event of them being arrested,they shall be released on bail on the execution of bondfor Rs.50,000/- (Rupees fifty thousand only), with twosolvent sureties each for the like amount each, to thesatisfaction of the investigating officer, and on the following conditions:

(i) They shall not influence or intimidatewitnesses or tamper with evidence;witnesses or tamper with evidence;

(ii) They shallappearbeforetheinvestigating officer as and when calledfor; andinvestigating officer as and when calledfor; and

(iii) During the bail period, they shall not getinvolved in any offence.involved in any offence.

In case of breach of the bail conditions, theprosecution shall be at liberty to apply for cancellation ofthe bail before the jurisdictional court.

Sd/-

vv

P.G. AJITHKUMAR JUDGE

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