Crime Not Known Of Thiruvalla … vs Dibeesh on 26 October, 2017

IN THE HIGH COURT OF KERALAAT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.M.BABU

THURSDAY, THE 26TH DAY OF OCTOBER 2017/4TH KARTHIKA, 1939

Bail Appl..No. 6558 of 2017 ()
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CRIME NOT KNOWN OF THIRUVALLA POLICE, PATHANAMTHITTA

PETITIONERS/ACCUSED:
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1. DIBEESH
S/O. CHANDRAN, AGED 31 YEARS, MADAKKUM VOVILAKATHU HOUSE,
PANANGADU (P.O),BALUSSERY(VIA), KOZHIKODE

2. CHANDRAN
S/O. APPU, AGED 60 YEARS, MADAKKUM KOVILAKATHU HOUSE,
PANANGADU (P.O),
BALUSSERY(VIA), KOZHIKODE

3. DEVI
W/O. CHANDRAN, AGED 55 YEARS, MADAKKUM KOVILAKATHU HOUSE,
PANANGADU (P.O),
BALUSSERY (VIA), KOZHIKODE

BY ADVS.SRI.NIDHI BALACHANDRAN
SRI.SABU GEORGE

RESPONDENT(S):
————–

1. STATEOF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031

2. SUB INSPECTOR OF POLICE
THIRUVALLA POLICE STATION,PATHANAMTHITTA689 101

BY PUBLIC PROSECUTOR SRI.M.R.DHANIL

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-10-2017,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

A.M.BABU, J.
– – – – – – – – – – – – – – – – – – – –
B.A.6558 of 2017
– – – – – – – – – – – – – – – –
Dated : 26th October, 2017
– – – – – – – – – – – – – – – – – – – – – – – –

ORDER

1.Bail is sought under Sec.438 of Cr.P.C.

Petitioners are the accused in crime

no.1407/2017 of Thiruvalla police station. They

allegedly committed an offence punishable under

Sec.498A of IPC.

2.The prosecution case is that the 1st informant

was subjected to mental and physical harassment

by the petitioners. Her husband is the 1st

petitioner. Petitioners 2 and 3 are the parents

of the 1st petitioner.

3.Heard the learned counsel for the petitioners

and the learned public prosecutor.

4.The 1st informant filed a complaint before the

learned judicial magistrate of the first class,

Thiruvalla. The complaint was forwarded to the

BA.6558/17
2

local station house officer by the learned

magistrate under Sec.156(3) of Cr.P.C. On

receipt of the complaint so forwarded, crime

no. 1407/2017 was registered at the Thiruvalla

police station. The allegations in the

complaint were to the effect that there had

been physical and mental harassment on the 1st

informant by the petitioners. The learned

counsel for the petitioners submits that the

1st informant was living away from the 1st

petitioner at Thiruvalla in the house of the

parents of the former. It is submitted that

the complaint contains only false allegations.

It is not necessary to go into the merits and

demerits of the complaint at this stage. The

case diary shown to me by the learned public

prosecutor does not suggest sustainment of any

injury by the 1st informant. I do not consider

detention of the petitioners necessary for an

effective investigation of the case. For these

reasons, I allow the application.

BA.6558/17
3

5.The application is allowed. If arrested in

connection with crime no.1407/2017 of the

Thiruvalla police station, the petitioners

shall be enlarged on bail after interrogation

on their executing bonds for Rs.35,000/-

(thirty five thousand only) with two solvent

sureties each for the like sum to the

satisfaction of the investigating officer. The

petitioners shall co-operate with the

investigation. They shall report to the

investigating officer betwee 10.00 am and

11.00 am on every Thursday for a period of

three months or till the filing of the final

report, whichever is earlier. The petitioners

shall not intimidate or attempt to influence

witnesses. They shall not destroy or tamper

with evidence. The court concerned is hereby

empowered to cancel the bail in accordance

with law if any of the above conditions is

violated. If the petitioners choose to

surrender before the magistrate, this order

shall have no effect and the learned

BA.6558/17
4

magistrate will pass appropriate orders as if

this order has not been passed.

Sd/-

A.M.BABU
Judge

Mrcs/27.10
//True Copy//

P.S.To Judge

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