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
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CRIME NUMBERS NOT KNOWN, CHERTHALA POLICE STATION, ALAPPUZHA
DISTRICT AND JANAMYTRI POLICE STATION, KADAVANTHRA, ERNAKULAM
DISTRICT
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PETITIONER(S) :
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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) :
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1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
..2/-
..2..
Bail Appl..No. 4898 of 2017
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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
