Crime No. 2274/2017 Of Vaikom … vs Omana Muraleedharan on 13 October, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

FRIDAY, THE 13TH DAY OF OCTOBER 2017/21ST ASWINA, 1939

Bail Appl.No. 6944 of 2017 ()
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CRIME NO. 2274/2017 OF VAIKOM POLICE STATION, KOTTAYAM

PETITIONER(S)/ACCUSED 2 3:
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1. OMANA MURALEEDHARAN
AGED 60 YEARS, W/O.MURALEEDHARAN, PULLAMVELIL HOUSE,
VAIKOM P O, KOTTAYAM DISTRICT, PIN 686141.

2. MURALEEDHARAN
AGED 62 YEARS,S/O.PADMANABHAN,
PULLAMVELIL HOUSE,
VAIKOM P O, KOTTAYAM DISTRICT, PIN 686141

BY ADV.SRI.DINESH MATHEW J. MURICKEN

RESPONDENT(S)/RESPONDENT:
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1. STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
VAIKOM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

* ADDL.R2. DR.ARYACHAND S., D/O P.SURENDRAN,
AGED 26 YEARS, ‘KARTHIKA’, ADAYAMON P.O.,
THATTATHUMALA, THIRUVANANTHAPURAM DISTRICT.

* ADDL.R2 IS IMPLEADED AS PER ORDER DATED 13.10.2017 IN CRL.M.A.
NO.1120/2017.

R2 BY ADV. SRI.K.SIJU
R2 BY ADV. SMT.S.SEETHA
R1 BY PUBLIC PROSECUTOR SRI.S.SAJJU

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-10-2017,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

BKA/-

K. ABRAHAM MATHEW, J.
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B.A. No. 6944 of 2017
————————————————–
Dated this the 13th day of October, 2017

O R D E R

Petition filed under Section 438 Cr.P.C.

2.Petitioners are the accused in Crime No. 2274 of 2017

of Vaikom Police Station registered for the offences

under Sections 420 498A r/w Section 34 of the Indian

Penal Code. They are parents-in-law of the additional

second respondent at whose instance the case was

registered. The allegation is that the petitioners

misappropriated her gold ornaments and subjected her

to cruelty.

3.Heard the learned counsel for the petitioner and the

second respondent and the learned Public Prosecutor.

4.In OP(HMA) No. 1262 of 2016 on the file of the Family

Court, Attingal the second respondent has attached the

properties of the petitioners. The second respondent did

not sustain any external injuries. If the petitioners

B.A. No. 6944 of 2017

..2..

happen to be sent to jail, the chance of reunion between

the second respondent and her husband will be lost for

ever. So, I am inclined to grant the prayer of the

petitioners.

In the result, this Bail Application is allowed.

(i)The petitioners shall be released on bail after

interrogation on their executing a bond for 25,000/-

(Rupees twenty five thousand only) each with two

solvent sureties each for the like sum if they are

arrested by the police in connection with this case.

(ii)They shall appear before the Investigating Officer if

they are so required in writing.

(iii)They shall not harass the second respondent.

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

criminal case while they are on bail.

(v)They shall not contact or communicate with the

victim directly or indirectly, nor shall they enter the

premises in which she resides.

(vi)They shall not intimidate or attempt to influence the

B.A. No. 6944 of 2017

..3..

witnesses.

(vii)They shall not destroy or tamper with the evidence.

(viii)They shall not leave India without the previous

permission of the court below.

If they surrender before the court below this order is

not applicable and the court below may pass

appropriate orders.

In case of violation of any of the above conditions, the

court below is empowered to cancel the bail in

accordance with the law.

Sd/-

K. ABRAHAM MATHEW
JUDGE
bka/-

//True copy//

PA to Judge

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