IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 19TH DAY OF NOVEMBER 2019 / 28TH KARTHIKA, 1941
Bail Appl..No.8162 OF 2019
CRIME NO.498/2019 OF Peerumedu Police Station , Idukki
PETITIONERS:
1 BENNTE JOHN,
AGED 36 YEARS
S/O. CHELLAPPAN, VALIYAKUNNATHU HOUSE, WEST OTHARA
WEST P. O., KUTTOOR, THIRUVALLA, PATHANAMTHITTA.
2 C. MARY @ MARY JOSEPH
AGED 60 YEARS
W/O. CHELLAPPAN, VALIYAKUNNATHU HOUSE, WEST OTHARA
WEST P. O., KUTTOOR, THIRUVALLA, PATHANAMTHITTA.
BY ADV. SRI.M.R.SASITH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
2 THE SUB INSPECTOR OF POLICE
PEERUMADU POLICE STATION.
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
19.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.8162 OF 2019
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ALEXANDER THOMAS, J
BA No. 8162/2019
Dated this the 19th day of November 2019
The petitioners herein have been arrayed as accused Nos. 1 2
among the two accused in the instant crime No.498/2019 of Peerumadu
Police Station, Idukki, which has been registered for offences punishable
under sections 498A, read with Sectionsection 34 of the IPC. The above said crime
has been registered pursuant to the directions issued by the learned
Magistrate under Section 156(3) of the CrPC, whereby, police has been
directed to register a crime and conduct investigation in respect of the
allegations made by the lady defacto complainant in her private criminal
complaint. The 1st petitioner (A1) is the husband of the lady defacto
complainant. The 2nd petitioner (A2) is the mother of A1.
2. The prosecution case in short is that after the marriage of the
above said spouses, the petitioners have consistently treated her with
cruelty and harassment by alleging that she lacks beauty and that she
should bring in more money and that on 21/09/2019, at about 4 pm, the
petitioner had gone to the lady defacto complainant’s residence and
slapped on her left cheek and A2 had caught hold of her hair and that
thereby they have committed the above said offences.
Bail Appl..No.8162 OF 2019
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3. Counsel for the petitioner would point out that the above said
allegations are false and baseless and have arisen only in the course of
various matrimonial disputes between the spouses.
4. After hearing both sides and after careful evaluation of facts and
circumstances of this case, this Court is inclined to take the view that the
custodial interrogation of the petitioners may not be really warranted or
necessary for effectuating the smooth and fair conduct of investigation in
this case.
5. Accordingly it is ordered that in the event of the petitioners
being arrested in relation to the above said crime then they shall be released
on bail on their separately executing bonds for Rs.40,000/- (Rupees Fourty
Thousand only) and on their separately furnishing 2 solvent sureties each
for the like sum, both to the satisfaction of the Investigating Officer
concerned.
6. However, the grant of bail may be subject to the following
conditions.
(i)The petitioners shall not involve in any criminal offences of similar
nature.
(ii)The petitioners shall fully co-operate with the investigation.
(iii)The petitioners shall report before the investigating officer as and
when required in that connection.
(iv)The petitioners shall not influence witness or shall not tamper or
attempt to tamper evidence in any manner, whatsoever.
Bail Appl..No.8162 OF 2019
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(v)If there is any violation of the abovesaid conditions by the
petitioners, then the jurisdictional court concerned will stand hereby
empowered to consider the plea for cancellation of bail at the
appropriate time.
With these observations and directions, the above Bail Application
will stand disposed of.
Sd/-
ALEXANDER THOMAS
Nsd JUDGE
