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Anoop Krishnan vs State Of Kerala on 29 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

THURSDAY ,THE 29TH DAY OF NOVEMBER 2018 / 8TH AGRAHAYANA, 1940

Bail Appl..No. 7771 of 2018

CRIME NO. 1943/2018 OF Mannar Police Station , Alappuzha

PETITIONERS/ACCUSED:

1. ANOOP KRISHNAN
AGED 30 YEARS
S/O.V.K.KRISHNANKUTTY, VADAKKETHIL VEEDU, KURUNTHAAR,
KUZHAKKALA, MALLAPPUZHASSERY, PATHANAMTHITTA
DISTRICT.

2. SUDHA KRISHNANKUTTY, AGED 56 YEARS,
W/O. KRISHNANKUTTY, VADAKKETHIL VEEDU,
KURUNTHAAR, KUZHAKKALA, MALLAPPUZHASSERY
PATHANAMTHITTA DISTRICT

BY ADV. SRI.M.T.SURESHKUMAR

RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682031.

OTHER PRESENT:
PP C.K PRASAD

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 7771 of 2018

2

O R D E R

The petitioners herein are accused in crime no. 1943/2018 of

Mannar police station, who are the husband and mother-in-law of

the defacto complainant are alleged to have physically and

mentally harassed the defacto complainant in connection with

dowry.

2. According to the petitioners, the defacto complainant

underwent an abortion without the knowledge of the husband.

There arose a dispute consequent to this. Except this incident,

according to the learned counsel for the petitioners, there was no

instance of matrimonial cruelty. However, in the complaint

instances of demand for dowry are alleged.

3. In the nature of the allegations, essentially, the question

of commission of offence under Section 498A, is a matter of oral

evidence. Hence, I do not feel that a custodial interrogation of the

petitioners is absolutely essential. Hence, I am inclined to grant

bail to the petitioners herein on the following conditions:

(i) The petitioners herein shall surrender before the

investigating officer within ten days from today. After
Bail Appl..No. 7771 of 2018

3

interrogation and identification, if any, if the petitioners

are proposed to be arrested, they shall be released on

bail on executing a bond for a sum of ₹40,000/- (Rupees

forty thousand only) each, with two sureties for the like

sum each to the satisfaction of the jurisdictional Court.

(ii) They shall appear before the Investigating officer as

and when called for.

(iii) He shall not threaten, coerce or intimidate the defacto

complainant or the witnesses.

(iv) He shall not get involved in any other crime.

The trial court may explore the possibility of a mediation by

settlement with the defacto complainant.

Sd/-

SUNIL THOMAS

shg JUDGE

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