SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Bennte John vs State Of Kerala on 19 November, 2019

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

2

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

3

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

4

(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

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation