IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 26TH DAY OF SEPTEMBER 2017/4TH ASWINA, 1939
Bail Appl..No. 5361 of 2017
——————————————-
CRIME NO. 785/2017 OF VADAKKENCHERY POLICE STATION
——————
PETITIONER(S) :
————————–
1. ROLENCE XAVIER,
THARAKAN MELUTTU HOUSE, NAIR THARA,
VADAKKENCHERY,ALATHUR, PALAKKAD.
2. GRACE,
THARAKAN MELUTTU HOUSE, NAIR THARA,
VADAKKENCHERRY,ALATHUR, PALAKKAD.
BY ADVS. SRI.P.R.VENKETESH
SRI.G.KEERTHIVAS
RESPONDENT(S) :
—————————-
1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682 031.
2. SUB INSPECTOR OF POLICE,
VADAKKENCHERY, PALAKKAD DISTRICT.
3. RICHI JOHNSON, W/O. ROLENCE XAVIER,
THARAKAN MELUTTU HOUSE, NAIR THARA,
VADAKKENCHERRY,ALATHUR, PALAKKAD DISTRICT.
R1 R2 BY PUBLIC PROSECUTOR SRI. AJITH MURALI
R3 BY ADV. SRI.M.PREMCHAND
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD
ON 26-09-2017, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Msd.
P.UBAID, J.
~~~~~~~~~~
B.A No.5361 of 2017
~~~~~~~~~~~
Dated this the 26th September, 2017
O R D E R
The petitioners herein are the two accused in Crime
No.785/2017 of the Vadakkanchery Police Station,
registered under Section 498A of the Indian Penal Code.
They seek pre arrest bail under Section 438 of the Code of
Criminal Procedure on the apprehension of arrest by the
Police.
2. The de facto complainant in this case is the wife
of the 1st accused. She was married by him in January,
2016, but the matrimony did not last long. She has been
residing separately since July, 2017. Her complaint is that
her husband is not interested in marital relationship, and
that she had been mentally and physically harassed by him.
3. On a perusal of the materials, I find that her
matrimony stands strained to an extent. It appears that
the present complaint is the result of the strained
matrimony. In spite of efforts made during the proceedings,
the dispute could not be settled. The genuineness of the
allegations of cruelty is a matter for decision on trial. I find
B.A No.5361 of 2017
2
that interrogation of the petitioner in custody is not
necessary in this case. Even without interrogation, the
required materials for a prosecution can be collected by the
Police. It will suffice that the petitioners are directed to
report before the Investigating Officer for necessary
interrogation.
4. In the result, this petition for pre arrest bail is
allowed. The petitioners are ordered to be released on bail
on their executing bond with two solvent sureties for
40,000/- (Rupees Fourty thousand only) each to the
satisfaction of the arresting officer or the court below having
jurisdiction, in case of their arrest in connection with Crime
No.785/2017 of the Vadakkanchery Police Station. Bail is
granted on condition that
a) The petitioners shall report before
the investigating officer as and when required by
him, and the 1st petitioner shall so report between
10 am. and 11 am on all Mondays for a period of
two months.
b) The petitioner shall not leave the
B.A No.5361 of 2017
3
limits of the Vadakkanchery Police Station for two
months.
c) The petitioner shall not in any
manner influence or intimidate the material
witnesses, or she shall not have any contact with
the material witnesses except for the purpose of
settlement of the dispute, in case anybody is
intervened for such a course.
Sd/-
P.UBAID
JUDGE
ma
/True copy/
P.S to Judge