IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
FRIDAY, THE 16TH DAY OF NOVEMBER 2018 / 25TH KARTHIKA,
1940
Bail Appl.No. 6565 of 2018
CRIME NO. 365/2017 OF Kudiyanmala Police Station, Kannur
PETITIONERS/ ACCUSED :
1 ALBIN THOMAS,
AGED 33 YEARS, S/O THOMAS, MADUMPALA (H),
THONDIYIL P.O, PERAVOOR AMSOM, IRITTY TALUK,
KANNUR DISTRICT.
2 LISI,
AGED 55 YEARS,
W/O.THOMAS, MADUMPALA (H), THONDIYIL P.O.,
PERAVOOR AMSOM, IRITTY TALUK, KANNUR DISTRICT.
3 SNEHA THOMAS,
AGED 35 YEARS,
D/O.THOMAS, MADUMPALA (H), THONDIYIL P.O.,
PERAVOOR AMSOM, IRITTY TALUK, KANNUR DISTRICT.
BY ADV. SRI.B.MUHAMMED SHAHEEL
RESPONDENT/ STATE :
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
COCHIN – 682 018(INVESTIGATING OFFICER IN
CRIME NO. 365/2017 OF KUDIYANMALA POLICE
STATION,
KANNUR DISTRICT).
BY PUBLIC PROSECUTOR SRI.D.CHANDRASENAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 16.11.2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING :
Bail Appl.No. 6565 of 2018
2
ORDER
The petitioners are arrayed as accused in
Crime No.365/2017 of Kudiyanmala Police Station,
Kannur District, registered for offences punishable
under Sections 406 and 498A of the Indian Penal Code.
The above crime was registered upon the complaint
filed by the de facto complainant before the Judicial
First Class Magistrate Court, Taliparamba, which was
forwarded to the SHO, Kudiyanmala for investigation.
2. The allegation is that the marriage
between the first accused and the de facto complainant
was solemnized on 13.07.2017 and thereafter, while
they were living as husband and wife, the accused
persons appropriated an amount of Rs.2 lakhs and also
7 sovereigns of gold ornaments, which were given to
the de facto complainant by her parents at the time of
marriage and also tortured her demanding to bring an
amount of 5 lakhs as dowry and thereby the accused has
committed the aforesaid offences.
3. The learned counsel for the petitioners
Bail Appl.No. 6565 of 2018
3
submitted that the allegation levelled against them
are false. It is also submitted that they have not
involved in any other crime so far.
4. It is a fact that the petitioner and de
facto complainant are husband and wife and their
matrimonial relationship became strained. Now they
are residing separately. According to the petitioner’s
counsel, the matter is almost settled and by the time,
the complaint was launched by the de facto complainant
against the petitioners 1 to 3. Since it is related
to a matrimonial dispute and there is a chance for
settlement and reunion, I find it is just and proper
to grant anticipatory bail, as sought for by the
petitioners.
In the result, this application is allowed
and the Station House Officer, Kudiyanmala Police
Station is directed to enlarge the petitioners on bail
in the event of their arrest on execution of a bond
for Rs.50,000/- with two solvent sureties each for the
like sum to the satisfaction of the Investigating
Officer, subject to the following conditions :
Bail Appl.No. 6565 of 2018
4
1. The Petitioners shall appear before the
Investigating Officer at 9.00.a.m. on every alternate
Saturdays for two months.
2. They shall not involve in any offence while
on bail.
3. They shall not influence the witnesses or
tamper any evidence in this case.
4. If they violate any of the above conditions,
the bail granted to them shall stand cancelled,
forthwith.
Sd/-
ANNIE JOHN, JUDGE
True copy
PA to Judge
RKM