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. 6207 of 2017
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CRIME NO. 1959/2017 OF PANDALAM POLICE STATION, PATHANAMTITTA
PETITIONER(S):
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1. SUDIN DEV (A1)
S/O. VASUDEVAN, AGED 46 YEARS, PAPPARA HOUSE,
MEZHUVELI PO., PATHANAMTHITTADISTRICT
PIN-689507
2. SHINE DEV (A2)
S/O. VASUDEVAN, AGED 49 YEARS, PAPPARA HOUSE,
MEZHUVELI PO., PATHANAMTHITTADISTRICT
PIN-689507
3. REMA (A3)
S/O. SHINE DEV, AGED 43 YEARS, PAPPARA HOUSE,
MEZHUVELI PO., PATHANAMTHITTADISTRICT
PIN-689507
4. PAVANANGI (A4)
S/O. VASUDEVAN, AGED 68 YEARS, PAPPARA HOUSE,
MEZHUVELI PO., PATHANAMTHITTADISTRICT
PIN-689507
BY ADV. SRI.K.K.SETHUKUMAR
RESPONDENT(S):
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STATEOF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
PIN-682031 (CRIME NO.1959 OF 2017 PANDALAM POLICE STATION)
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.
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B.A.6207 of 2017
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Dated : 26th October, 2017
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ORDER
1.Petitioners 1 to 4 are accused 1 to 4
respectively in crime no.1959/2017 of Pandalam
police station. The offences alleged against
them are those punishable under Secs 323, 324
341 and 498A of IPC read with IPC 34. The
petitioners seek bail under Sec.438 of Cr.P.C
apprehending their arrest.
2.The prosecution case goes as follows : The 1st
petitioner and the 1st informant are man and
wife. The other petitioners are the in-laws of
the 1st informant. The marriage was solemnized in
October, 2002. Two children were born in the
wedlock. The matrimony broke. The 1st informant
was physically and mentally tortured for not
having brought dowry. Illicit relationship was
also alleged. After attending the counselling at
the family court, Pathanamthitta, the
BA.6207/17
2
petitioners barged into the house of the 1st
informant and assaulted her. She was kicked by
the 1st petitioner, slapped on the cheek by the
4th petitioner, beaten on the neck with a
footwear by the 2nd petitioner and wrongfully
restrained by the 3rd petitioner.
3.Heard the learned counsel for the petitioners
and the learned public prosecutor.
4.Admittedly the relationship between the man and
wife is unfriendly. Admittedly a petition for
divorce filed by the 1st petitioner is pending in
the family court. I am shown the case diary and
I perused it. Only one incident of torture is
seen stated therein. No injury is shown to have
been caused to the 1st informant. In these
circumstances, I do not consider custodial
interrogation necessary. I therefore allow the
application.
5.The application is allowed. If arrested in
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connection with crime no.1959/2017 of Pandalam
police station, the petitioners shall be
released on bail after interrogation on their
executing bonds for Rs.40,000/- (forty 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. Petitioners 1 to
3 shall report to the investigating officer
between 10.00 am and 11.00 am on every Wednesday
for a period of three months or till the filing
of the final report, whichever is earlier. The
4th petitioner, being pretty old, is given a
concession to the extent that she shall make
herself available for interrogation as and when
required by the investigating officer. The
petitioners shall not intimidate or attempt to
influence witnesses. They shall not destroy or
tamper with evidence. Nor shall they attempt to
interfere with the investigation. The magistrate
concerned is hereby empowered to cancel the bail
in accordance with law if any of the above
BA.6207/17
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conditions is violated. If the petitioners
choose to surrender before the magistrate
concerned, this order shall have no effect and
the learned 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