IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 28TH DAY OF SEPTEMBER 2017/6TH ASWINA, 1939
Bail Appl..No. 4491 of 2017 ()
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CRIME NO. 573/2017 OF NARAKKAL POLICE STATION,
ERNAKULAM DISTRICT
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PETITIONERS :
———–
1. SUBEESH @ ABHI
S/O. STANLY JOSEPH, AGED 29 YEARS,
MANAKKAL HOUSE, KUDAGU, KARNATAKA STATE
2. SUMEENA JOSE,W/O. JOSEMON,
AGED 34 YEARS, MULLOOR HOUSE,
NAYARAMBALAM
3. MERCY, W/O. STANLY JOSEPH,
AGED 54 YEARS, MANAKKAL HOUSE,
KUDAGU, KARNATAKA STATE
4. STANLY JOSEPH, S/O.JOSEPH,
AGED 59 YEARS, MANAKKAL HOUSE,
KUDAGU, KARNATAKA STATE
BY ADV. SRI.K.V.BHASI
RESPONDENTS/COMPLAINANT :
———————–
1. STATE OF KERALA
REPRESENTED BY SUB INSPECTOR OF POLICE,
NARAKKAL, THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
COCHIN 682 031
Bail Appl..No. 4491 of 2017 ()
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*ADDL. R3 IMPLEADED :
2. MARY FEMIN, AGED 24 YEARS,
D/O. JOHNY K.P., KOVATTIL HOUSE,
KADAVANTHARA POST, K.P.VALLON ROAD,
ERNAKULAM – 682020.
*ADDL. R2 IS IMPLEADED AS PER ORDER
DT 19/7/2017 IN CRL.M.A.NO. 7787/2017.
R1 BY PUBLIC PROSECUTOR SRI. AJITH MURALI
ADDL.R2 BY ADV. SRI.K.SIMOD SIVAN
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 28-09-2017, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
bp
P.UBAID, J.
~~~~~~~~~~
B.A No.4491 of 2017
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Dated this the 28th September, 2017
O R D E R
The petitioners herein seek pre arrest bail under
Section 438 of the Code of Criminal Procedure on the
apprehension of arrest and custodial harassment in
connection with Crime No.573 of 2017 of the Narakal Police
Station registered under Sections 498A, 354C and 34 of the
Indian Penal Code.
2. The de facto complainant in this case is the wife
of the 1st petitioner. She was married by him on
24.10.2016, but the matrimony did not last long. Her
complaint is that she had been mentally and physically ill-
treated by her husband and the in-laws. The petitioners 3
and 4 are the parents-in-law, and the 2nd petitioner is the
sister-in-law. The sister-in-law resides elsewhere. There is
reason to believe that the parents-in-law are settled in
Karnataka.
3. On a perusal of the complaint, I find that the de
facto complainant’s matrimony with the 1st petitioner stands
strained. She is the additional 2nd respondent herein.
B.A No.4491 of 2017
2
Though an attempt was made to resolve the dispute forever
by mediation, the parties could not come to terms. There is
reason to believe that the present complaint is the result of
the strained matrimony. I do not find any definite allegation
against the parents-in-law or the sister-in-law, except one
two instances of simple assault in certain circumstances.
What is required for a prosecution under Section 498A I.P.C
is mental or physical harassment by a course of cruel
conduct. The genuineness of the allegations of cruelty is a
matter for decision on trial. In the particular circumstances,
I find that interrogation of the petitioners in custody is not
required. Even without such interrogation, the required
materials can be collected. It will suffice that the petitioners
are directed to report before the Investigating Officer for
necessary interrogation.
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
B.A No.4491 of 2017
3
case of their arrest in connection with Crime No.573/2017 of
the Narakal Police Station. Bail is granted on conditions
that:
a. The petitioners shall report before the
Investigating Officer for necessary interrogation
as and when required by him, and the 1st
petitioner shall so report before the Investigating
Officer on the first and the third Sunday of every
English month for a period of three months.
b. The petitioners shall not in any manner
influence or intimidate the witnesses and shall
not have any contact with the material witnesses
except for the purpose of settlement of the
matrimonial dispute amicably, in case anybody
intervened for such a course.
Sd/-
P.UBAID
JUDGE
//True copy//
P.S. To Judge
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