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Albin Thomas vs State Of Kerala on 16 November, 2018

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

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