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
