Crime No. 534/2017 Of Peroorkada … vs Rajkumar.S.Nair on 19 June, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

THURSDAY, THE 24TH DAY OF AUGUST 2017/2ND BHADRA, 1939

Bail Appl..No. 3713 of 2017
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CRIME NO. 534/2017 OF PEROORKADA POLICE STATION
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PETITIONER(S)/ACCUSED 1 TO 5 :
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1. RAJKUMAR.S.NAIR,
S/O.SREEKUMARAN NAIR, AGED 32 YEARS,
RESIDING AT CRAM NO.47, SMRITHI, CHAITHANYA
GARDENS, MANNAMMOOLA, PEROORKADA,
THIRUVANANTHAPURAM.

2. T.SREEKUMARAN NAIR,
S/O.THANKAPPAN NAIR, AGED 64 YEARS,
RESIDING AT CRAM NO.47, SMRITHI, CHAITHANYA GARDENS,
MANNAMMOOLA, PEROORKADA, THIRUVANANTHAPURAM.

3. MANONMONY,
W/O.SREEKUMARAN NAIR, AGED 60 YEARS,
RESIDING AT CRAM NO.47, SMRITHI, CHAITHANYA GARDENS,
MANNAMMOOLA, PEROORKADA, THIRUVANANTHAPURAM.

4. RANI.S.NAIR,
W/O. VENUGOPAL, AGED 36 YEARS, RESIDING AT CRAM NO.47,
SMRITHI, CHAITHANYA GARDENS, MANNAMMOOLA,
PEROORKADA, THIRUVANANTHAPURAM.

5. G.VENUGOPAL,
S/O.GANESHA PILLAI, AGED 49 YEARS,
RESIDING AT CRAM NO.47, SMRITHI, CHAITHANYA GARDENS,
MANNAMMOOLA, PEROORKADA, THIRUVANANTHAPURAM.

BY ADVS. SRI.P.A.AHAMMED
SRI.THOUFEEK AHAMED

..2/-

..2..

Bail Appl..No. 3713 of 2017
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RESPONDENT(S)/STATE :
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

2. THE SUB INSPECTOR OF POLICE,
PEROORKADA POLICE STATION,
THIRUVANANTHAPURAM-695 541.

* ADDITIONAL R3 IMPLEADED

3. ASWATHI CHANDRAN,
D/O. BALACHANDRAN, RESIDING AT ‘PARIMALAM’,
CRAM NO. 37, PANICKERS LANE, MANNAMOOLA,
PEROORKADA, THIRUVANANTHAPURAM- 695 605.

* ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 19.06.2017 IN
CRL.M.A.NO. 6742 OF 2017.

R1 R2 BY PUBLIC PROSECUTOR SRI. AJITH MURALI
ADDL. R3 BY ADV. SMT.S.A.SHERLY

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 24-08-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

Msd.

SUNIL THOMAS, J.
– – – – – – – – – – – – – – – – – –
B.A.No.3713 of 2017
– – – – – – – – – – – – – – – – – –
Dated this the 24th day of August, 2017

O R D E R

The petitioners herein are arrayed as accused Nos. 1 to 5 in

Crime No.534/2017 of Peroorkada Police station for offences

punishable under sections 498A, 420,468,120B and 34 IPC.

2. It was alleged that, the first accused had married the

defacto complainant. Subsequently, matrimonial dispute arose

ultimately leading to the initiation of various proceedings including

the present proceeding under section 498A. Petitioners 2 to 5 are

the parents and close relatives of the first petitioner.

3. When the matter came up for hearing, noting that the

dispute arose from a matrimonial discord, the second respondent

was directed to implead as additional respondent. She appeared

through counsel and both sides were referred for mediation on

consent. The mediation failed and the report has been received.

Hence, the parties were heard on merits. It appears that, the

matrimonial discord is the basic cause. Very serious allegations

are not seen raised. It is also to be noted that the other

matrimonial proceedings are also pending.

4. Having regard to the above facts, I am inclined to grant

the benefit of pre arrest bail to the petitioners subject to the

BA No.3713/2017 2

following conditions:

(i). Petitioners shall appear before the investigating 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 each of the petitioner executing a bond for a

sum of Rs.40,000/-(Rupees forty thousand only) with two sureties

for the like sum each.

(ii). They shall not threaten, coerce or intimidate the defacto

complainant and witnesses.

iii). They shall appear before the Investigating Officer as

and when called for and co-operate with the investigation.

iv). They shall not get involved in any other offence.

Anticipatory Bail Application is allowed.

Sd/-

SUNIL THOMAS
Judge
dpk

/true copy/ PS to Judge.

BA No.3713/2017 3

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