Anoop P.S vs State Of Kerala on 19 July, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MRS. JUSTICE SHIRCY V.

MONDAY, THE 31ST DAYOF JULY 2017/9TH SRAVANA, 1939

Bail Appl..No. 4898 of 2017
—————————————-

CRIME NUMBERS NOT KNOWN, CHERTHALA POLICE STATION, ALAPPUZHA
DISTRICT AND JANAMYTRI POLICE STATION, KADAVANTHRA, ERNAKULAM
DISTRICT
——————

PETITIONER(S) :
————————-

1. ANOOP P.S.,
AGED 34 YEARS, S/O.LATE.P.A.SASIDHARAN,
PUTHUMANA HOUSE, AMBELIPADAM ROAD,
PONNURUNNI, VYTTILA.P.O, PIN-682 019.

2. MAHIJA.P.V,
AGED 62 YEARS, W/O.LATE P.A.SASIDHARAN,
PUTHUMANA HOUSE, AMBELIPADAM ROAD,
PONNURUNNI, VYTTILA.P.O, PIN-682 019.

3. MAHESH.K.RAVI,
AGED 32 YEARS, C/O.P.P.SUNIKUMAR, POOTHARAYIL HOUSE,
LPS ROAD, PONNURUNNI, VYTTILA.P.O, PIN-682 019.

4. ANJU.P.S,
AGED 30 YEARS, W/O. MAHESH.K.RAVI, C/O.P.P.SUNIKUMAR,
POOTHARAYIL HOUSE, LPS ROAD, PONNURUNNI, VYTTILA.P.O,
PIN-682 019.

BY ADVS. SRI.M.S.UNNIKRISHNAN
SRI.V.S.SREEJITH
SRI.JITHIN PAUL VARGHESE
SRI.K.SUNIL
SMT.C.V.VEENA
SMT.A.G.NISHA

RESPONDENT(S) :
—————————-

1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

..2/-

..2..

Bail Appl..No. 4898 of 2017
—————————————-

2. SUB INSPECTOR OF POLICE,
KADAVANTHRA POLICE STATION, PIN-682 020.

3. SUB INSPECTOR OF POLICE,
CHERTHALA POLICE STATION, PIN-688 524.

* ADDITIONAL R4 IMPLEADED

4. MONISHA MOHANDAS,
D/O. MR. B.MOHANDAS, BHASKALAYAM,
CMC-4, CHERTHALA P.O., ALAPPUZHA- 688 524.

* ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 19.07.2017
IN CRL.M.A.NO. 7916 OF 2017.

R1 TO R3 BY PUBLIC PROSECUTOR SRI. S.SAJJU
ADDL.R4 BY ADV. SRI.N.RADHAKRISHNAN

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 31-07-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

Msd.

SHIRCY V., J

B.A. No.4898 of 2017

Dated this the 31st day of July, 2017

ORDER

The petitioners are accused No.1 to 4 in Crime

No.1040/2017 of Kadavanthra Police Station registered

for the offence punishable under Section 498A r/w

Section 34 of IPC.

2. The prosecution allegation is that the 1st

accused/petitioner has married the defacto complainant

on 31.01.2016 as per the custom of their community and

they resided together as husband and wife at his

residential house at Ponnurunni. While so, she was

subjected to mental harassment by the 1st petitioner and

her in-laws who are the petitioners No.2 to 4 and thereby

committed the aforesaid offence.

3. The learned counsel for the petitioners submit

that the allegations levelled against them are absolutely

false and baseless. They have not committed any offence

B.A. No.4898 of 2017 2

as alleged. Actually the 1st petitioner and the defacto

complainant resided together only for a few days at his

residential house and there was no sort of harassment as

alleged. The 2nd petitioner is the mother-in-law of the

defacto complainant, the 3rd petitioner is the brother-in-

law and the 4th petitioner is the sister-in-law. They have

no criminal antecedents. But they apprehend arrest and

unncessary torture by the police and hence this petition.

4. The learned Public Prosecutor has contended that

the investigation of the case is well in progress.

5. The defacto complainant who has been

impleaded as the 4th respondent has appeared before the

court and submitted through her counsel that she is not

willing to reside with the 1st petitioner because of the

cruel treatment from the side of the petitioners.

6. Though this matter has been referred to the

mediation centre to try for a settlement, it is reported by

the mediator that the matter has not been settled.

B.A. No.4898 of 2017 3

7. Heard both sides. On going through the

allegations levelled against these petitioners, I do not find

any reason to think that the investigating agency could

proceed with the investigation of the case, only with these

petitioners in custody. Hence, going through this case, I

think that pre-arrest bail can be granted to the

petitioners, subject to some stringent conditions as

follows:

(i) Petitioners shall be released on bail after

interrogation on their executing bonds for

Rs.50,000/- (Rupees fifty thousand only)

each with two solvent sureties each for the

like sum to the satisfaction of the

investigating officer, in the event of their

arrest.

(ii) They shall appear before the

Investigating Officer as and when called for,

in writing.

(iii) They shall co-operate with the

B.A. No.4898 of 2017 4

investigation.

(iv) They shall not intimidate or attempt to

influence the witnesses, nor shall they

tamper with the evidence.

(v)They shall not commit any offence while

they are on bail.

(vi) In case of violation of any of the above

conditions, the learned Magistrate is

empowered to cancel the bail in accordance

with the law.

This Bail Application is allowed.

Sd/-

SHIRCY V., JUDGE

//True copy//

vgd PA To Judge

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