PRAKASH I.T v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MR. JUSTICE A. BADHARUDEEN
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-04-12. PRAKASH I.T v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TH FRIDAY, THE 12 DAY OF APRIL 2024 / 23RD CHAITHRA, 1946 BAIL APPL. NO. 2119 OF 2024 CRIME NO. 225/2024 OF Ottapalam Police Station, Palakkad PETITIONER/S: PRAKASH I. T AGED 49 YEARS SON OF M. K SIVASANKARA PANICKER PRIYA NIVAS HOUSE, AMBALAPARA OTTAOOALAM, PALAKKAD DISTRICT, PIN - 679512 BY ADVS. R. P. SREENIVASAN C. C. ANOOP RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER OTTAPPALAM POLICE STATION, PALAKKAD DISTRICT, PIN - 679101 OTHER PRESENT: PP M P PRASANTH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12. 04. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BA No. 2119 of 24 A. BADHARUDEEN J. -------------------------------------- Bail Appliation No.
2119 OF 2024 ---------------------------------------th Dated this the 12 day of April, 2024 O R D E R This anticipatory bail application is at the instance of sole accused in Crime No. 225/2024 of Ottapalam Police Station, Palakkad District. 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the relevant records including the documents form part of the case diary. 3. The prosecution allegation is that, the accused married defacto complainant on 16. 09. 2020 subjected her to cruelty by demanding more dowry and also has been pressurizing herself to leave 10 year old minor boy begotten to the defacto complainant in her first marriage. This is the premise on which the petitioner committed offence punishable under Sec. 498A of IPC, Sec. 67 of IT Act and Sec. 75 of the JJ Act. 4. The learned counsel for the petitioner canvassed regular bail to the petitioner highlighting his innocence, with offer to co-operate with the investigation. BA No.
2119 of 24 5. The learned Public Prosecutor also not pointed out any serious overt acts warranting custodial interrogation and detention of the petitioner. Though the allegations of cruelty, demanding more dowry, etc. , are leveled against the petitioner, it is discernible that custodial interrogation is not necessary in this matter to accomplish meaningful investigation. Therefore the petitioner can be enlarged on anticipatory bail with direction to him to cooperate with investigation by subjecting himself for interrogation. Therefore, this petition stands allowed. The petitioner is enlarged on anticipatory bail on the following conditions: i. The petitioner shall surrender before the Investigating Officer within ten days from today and on such surrender,the Investigating Officer can question the petitioner and record his statement. In the event of his arrest, the Investigating Officer shall produce the petitioner before the Jurisdictional Court on the date of arrest itself. ii.
On such production, Jurisdictional Court shall release the petitioner on bail, on executing bond BA No. 2119 of 24 for Rs. 30,000/- (Rupees thirty thousand) each by themselves and by two solvent sureties, each for the like sum to the satisfaction of the Jurisdictional Court. iii. The petitioner shall co-operate with investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so. iv. The petitioner shall not, intimidate the witnesses or interfere with the investigation in any manner. v. The petitioner shall not commit any offence during the currency of this bail and any such involvement is a reason to cancel the bail hereby granted. Sd/- A. BADHARUDEEN JUDGE SM BA No. 2119 of 24 APPENDIX OF BAIL APPL. 2119/2024 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.
225/2024 OF THE OTTAPPALAM POLICE STATION, PALAKKAD DISTRICT Annexure A2 THE TRUE COPY OF THE COMMUNICATION LETTER DATED 15. 2. 2017 ISSUED BY THE ASSISTANT DEVELOPMENT COMMISSIONER(GENERAL),KASARAGOD Annexure A3 THE TRUE COPY OF THE COMPLAINT SUBMITTED TO THE DISTRICT COLLECTOR, PALAKKAD
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.