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Alwin Augustine vs State Of Kerala on 5 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

TUESDAY, THE 05TH DAY OF NOVEMBER 2019 / 14TH KARTHIKA,
1941

Bail Appl.No.7354 OF 2019

CRIME NO.349/2019 OF Karinkunnam Police Station, Idukki

PETITIONERS/ ACCUSED :

1 ALWIN AUGUSTINE,
AGED 28 YEARS,
S/O. KURIAN AUGUSTINE, PYMPILLIL HOUSE,
PLANTATION, KARIMKUNNAM P.O.,
THODUPUZHA – 685 586.

2 KURIAN AUGUSTINE,
PYMPILLIL HOUSE, PLANTATION,
KARIMKUNNAM P.O., THODUPUZHA – 685 586.

3 ELEENA AUGUSTINE,
D/O. KURIAN AUGUSTINE,
PYMPILLIL HOUSE, PLANTATION,
KARIMKUNNAM P.O., THODUPUZHA – 685 586.

BY ADV. SRI.P.BABU KUMAR

RESPONDENT :

STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM-682031.
FOR THE STATION HOUSE OFFICER,
KARIMKUNNAM POLICE STATION,
KARIMKUNNAM P.O., THODUPUZHA – 685 586.

BY SR.PUBLIC PROSECUTOR SRI.M.S.BREEZ

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 05.11.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING :
Bail Appl.No.7354 OF 2019

2

ORDER

The petitioners are the accused in Crime

No.349/2019 of the Karimkunnam Police Station for offences

under Sections 498 (A) read with Section 34 of the Indian

Penal Code. The marriage between the first petitioner and the

daughter of the de facto complainant was solemnised on

20.01.2019. After 10 days of the marriage, the first petitioner

returned to Australia where he was studying and the daughter

of the de facto complainant was working.

2. After the marriage, the first petitioner returned

to Australia along with the daughter of the de fatcto

complainant and started to live there at the house of the de

facto complainant and subsequently, the first petitioner took

a rental house and started to live there. De facto

complainant was not interested in contacting the 2 nd

petitioner by the first petitioner. There were some exchange
Bail Appl.No.7354 OF 2019

3

of words between the de facto complainant and the first

petitioner. After a few days, there was some oral arguments

between the first petitioner and his wife. Due to the

difference of opinion, the first petitioner returned to India and

now he is residing with the 2nd petitioner. Now a false

complaint is sent by the de facto complainant against the

petitioners alleging offence under Sections 498(A) and Section34

IPC. The petitioners’ counsel has brought out the fact that

the de facto complainant stayed in India only for 10 days

after the marriage. Apart from that there is some exchange

of words between the parties and no other serious allegations

are raised by the de facto complainant in order to attract

Section 498A IPC. Moreover, they have lived together only for

ten days. Their relationship might have stranged by a period

of ten days. Therefore, I do not find any ground to deny the

anticipatory bail, as sought for by the petitioners.
Bail Appl.No.7354 OF 2019

4

In the result, this application is allowed and the

Station House Officer, Karimkunnam Police Station shall

enlarge the petitioner on bail, in the event of his arrest on

execution of a bond for Rs.50,000/- each with two solvent

sureties each for the like sum to the satisfaction of the

Investigating Officer, subject to the following conditions :

1. The petitioners shall appear before the SHO,

Karimkunnam Police Station as and when required.

2. The petitioners shall not involve in any offence

while on bail.

3. The petitioners shall not influence the

witnesses or tamper any evidence in this case.

4. If the petitioners violate any of the above

conditions, the bail granted to them, by this Court shall stand

cancelled, forthwith.

Sd/-

ANNIE JOHN, JUDGE
RKM

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