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Prince Paulose vs The State Of Keala on 8 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

WEDNESDAY, THE 08TH DAY OF JANUARY 2020 / 18TH POUSHA, 1941

Bail Appl..No.9224 OF 2019

PETITIONERS:

1 PRINCE PAULOSE
AGED 28 YEARS
S/O PAULOSE GEORGE, RESIDING AT VAYALIL,
KANJAVELI P.O., KOLLAM-691 602

2 SHERLY PAULOSE,
AGED 45 YEARS
W/O.PAULOSE GEORGE, RESIDING AT VAYALIL,
KANJAVELI P.O., KOLLAM-691 602

3 PAULOSE GEORGE,
AGED 56 YEARS
RESIDING AT VAYALIL, KANJAVELI P.O.,
KOLLAM-691 602

BY ADVS.
SRI.S.SREEKUMAR (KOLLAM)
SRI.K.VIJAYAN (V 726)

RESPONDENT/STATE:

1 THE STATE OF KEALA
REPRESENTED THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM-682 031

2 THE SUB-INSPECTOR OF POLICE (SHO)
TRIKODITHANAM POLICE STATION,
KOTTAYAM DISTRICT,PIN-686 105

SRI. SANTHOSH PETER – SR.PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

This is an application for anticipatory bail filed

under Section 438 of the Code of Criminal Procedure.

2. The Petitioners are the accused in Crime

No.1777 of 2019 of Thrikodithanam Police Station registered

under Section 498A read with Section 34 of the Indian Penal

Code. Among them, the first petitioner is the son of

petitioners 2 and 3. The case aforesaid is one registered at

the instance of the wife of the first petitioner alleging that she

was subjected to cruelty by the petitioners for dowry.

3. Heard the learned counsel for the petitioners

as also the learned Public Prosecutor.

4. The learned Public Prosecutor has made

available the first information report as also the statement

given by the defacto complainant, and I have perused the

same.

5. Having regard to the first information report,

the statement filed by the defacto complainant, and having

regard to the fact that there is no allegation of physical

assault against the petitioners, I am of the view that this is a

case where the petitioners are entitled to pre-arrest bail on

the following conditions:

i) The petitioners shall make themselves available
for interrogation before the Investigating Officer
within ten days from today. They shall also make
themselves available for interrogation before the
Investigating Officer as and when directed by the
Investigating Officer in writing to do so;

ii) If the petitioners are arrested prior to, or after
their appearance before the Investigating Officer,
they shall be released from custody on execution of
a bond for Rs.25,000/- each with two sureties each
for the like sum.

(iii) The petitioners shall not influence or intimidate
the prosecution witnesses nor shall they attempt to
tamper with the evidence of the prosecution.

iv) The petitioners shall not involve in any other
offence while on bail.

Sd/-

P.B.SURESH KUMAR, JUDGE.

 

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