Crime No. 380/2017 Of Kunnicode … vs Rajesh on 10 July, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

THURSDAY, THE 27TH DAY OF JULY 2017/5TH SRAVANA, 1939

Bail Appl..No. 4309 of 2017 ()
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CRIME NO. 380/2017 OF KUNNICODE POLICE STATION,KOLLAM DISTRICT
————-

PETITIONER(S)/ACCUSED 1 2:
———————————————–

1. RAJESH,
AGED 30, S/O.BALAN, RESIDING AT RATHESH BHAVAN,
VILLOOR MURI, VETTIKKAVALA VILLAGE,
KOTTARAKKARA THALUK.

2. RATHEESH,
AGED 32, S/O.BALAN, RESIDING AT RATHESH BHAVAN,
VILLOOR MURI, VETTIKKAVALA VILLAGE,
KOTTARAKKARA THALUK.

BY ADV. SRI.AJAYA KUMAR. G

RESPONDENT(S)/STATE/COMPLAINANT:
———————————————————

1. STATE OF KERALA,
REPRESENTED PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

2. SUB INSPECTOR OF POLICE,
KUNNICODE POLICE STATION, KOLLAM.

*ADDL.R3 IMPLEADED

*ADDL.R3: MALU.M.K.,W/O.RAJESH,
MALU NIVAS, VILAVOORKONAM,
KALLUVATHUKKAL.P.O., PARIPPALLY,
KOLLAM, PIN-691 574.

*ADDL.R3 IS IMPLEADED AS PER ORDER DATED 10/7/2017 IN
CRL.MA.NO.7630/2017

R1 R2 BY PUBLIC PROSECUTOR SRI.AJITH MURALI

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 27-07-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
sts

SUNIL THOMAS, J.
—————————————
B.A.No.4309 of 2017
—————————————–
Dated this the 27th day of July, 2017

O R D E R

The petitioner herein are the accused Nos.1 and 2 in

Crime No.380/2017 of Kunnicode police station for offences

punishable under sections 498A and 34 of the Indian Penal

Code.

2. According to the prosecution, the first accused

had married the defacto complainant on 1.9.2013.

Subsequently, she was subjected to matrimonial cruelty at

the instance of the petitioners, who are the brothers.

Crime was registered and the petitioners seek bail.

3. Being a matrimonial dispute, to ascertain the

scope of settlement by mediation, the defacto complainant

was brought on record. Even though notice was issued to

READ  Smt. Gulshan Kaur Bedi And Others vs State Of U.P. Thru. Secy. Home And ... on 22 December, 2016

her, she has not chosen to appear before this court and to

contest the proceedings.

B.A.No.4309 of 2017
2

4. Having considered the nature of allegations it

appears to be more general in nature and considering the

fact that the dispute arises from matrimonial discord, I am

inclined to grant the pre-arrest bail to the petitioners herein

on the following conditions:

(i) Petitioners shall appear before the investigation

officer within ten days from today and shall undergo

interrogation. Thereafter, if they are proposed to be

arrested, they shall be released on bail on executing a bond

for a sum of Rs.40,000/- (Rupees forty thousand only) each

with two sureties for the like sum each.

(ii) They shall appear before the investigating officer

as and when called for.

(iii) They shall not threaten, coerce or intimidate the

defacto complainant or the witnesses.

(iv) They shall not get involved in any other identical

offences.

B.A.No.4309 of 2017
3

Anticipatory bail application is allowed as above.

Sd/-

SUNIL THOMAS, JUDGE

R.AV //True Copy//

PA to Judge

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