IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 07TH DAY OF DECEMBER 2018 / 16TH AGRAHAYANA, 1940
Bail Appl..No. 7987 of 2018
CRIME NO. 1924/2018 OF ERNAKULAM TOWN SOUTH POLICE STATION,
PETITIONERS/ACCUSED NOS.1 TO 4:
1 AJITHMON SASI, AGED 27 YEARS,
S/O SASI, ASWATHY BHAVAN, IDUKKIKAVALA,
KATTAPPANA KARA, IDUKKI – 682208.
2 SASIKUMAR, AGED 59 YEARS,
ASWATHY BHAVAN, IDUKKIKAVALA,
KATTAPPANA KARA, IDUKKI – 682 208.
3 RADHA SASI KUMAR, AGED 50 YEARS,
W/O.SASI KUMAR, ASWATHY BHAVAN, IDUKKIKAVALA,
KATTAPPANA KARA, IDUKKI – 682 208.
4 ASWATHY, AGED 32 YEARS,
D/O.SASI KUMAR, ASWATHY BHAVAN,
IDUKKIKAVALA, KATTAPPANA KARA, IDUKKI – 682 208.
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682031.
SMT SHEEBA K, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.12.2018, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 7987 of 2018 2
This application is filed under Section 438 of the Cr.P.C.
2. The applicants herein are accused Nos. 1 to 4 in Crime
No.1924 of 2018 registered at the Ernakulam Town South Police
Station, Kochi City under Section 498A read with Section 34 of the
IPC and Section 4 of the Dowry Prohibition Act, 1961. The 1 st
applicant is the son of applicant Nos. 2 and 3. The 4 th applicant is
3. The de facto complainant is the wife of the 1 st applicant
herein. According to the de facto complainant, the marriage
between herself and the 1st applicant was solemnized on
01.05.2018. It is alleged that the applicants herein subjected the
de facto complaint to physical as well as mental harassment
demanding dowry. On the basis of the said information, the instant
crime was registered.
4. The learned counsel appearing for the applicants
submitted that the applicants are innocent. According to the
learned counsel, immediately after marriage, the relationship
between the parties became strained. The 1 st applicant herein
Bail Appl..No. 7987 of 2018 3
preferred petition seeking divorce before the Family Court,
Kattappana on 05.07.2018 and the de facto complainant filed a
petition seeking return of money and gold ornaments. A transfer
petition has also been filed before this Court by his wife. It is
further submitted that the applicants have been unnecessarily
dragged to the Police Station and the crime was registered without
even considering the genuineness of the allegations levelled by the
de facto complainant.
5. The learned Public Prosecutor, on instructions, submitted
that though serious allegations are levelled, no materials have been
produced along with the complaint to show that any physical
injuries were inflicted. In the facts and circumstances, it would be
sufficient if the applicants are ordered to co-operate with the
investigation, submits the learned Public Prosecutor.
6. I have considered the submissions advanced. After going
through the materials on record, I am of the considered view that
the custodial interrogation of the applicants are not necessary for
an effective investigation in the instant case.
7. In the result, this application will stand allowed. The
applicants shall appear before the investigating officer within ten
Bail Appl..No. 7987 of 2018 4
days from today and shall undergo interrogation. Thereafter, if
they are proposed to be arrested, they shall be released on bail on
each of them executing a bond for a sum of Rs.40,000/- (Rupees
forty thousand only) with two solvent sureties each for the like
sum. The above order shall be subject to the following conditions:
i) The applicants shall co-operate with the investigation
and the 1st applicant shall appear before the
Investigating Officer on every Saturdays between 10
A.M and 1 P.M. for a period of two months or till final
report is filed whichever is earlier. The applicants 2 to 4
shall appear as and when they are called upon to do so.
ii) They shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him/her from
disclosing such facts to the court or to any police officer.
iii) They shall not commit any similar offence while on
In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the
application for cancellation, if any, and pass appropriate orders in
accordance with the law.
RAJA VIJAYARAGHAVAN V.,
//TRUE COPY// P.A. TO JUDGE