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Bijoy vs State Of Kerala on 10 June, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 10TH DAY OF JUNE 2019 / 20TH JYAISHTA, 1941

Bail Appl..No. 3651 of 2019

CRIME NO. 415/2019 OF Kunnathunadu Police Station , Ernakulam

PETITIONERS:

1 BIJOY
AGED 33 YEARS
S/O.VARGHESE, THAMARAPPILLY HOUSE, IRAPURAM.P.O.,
KOONOOR, KARA, ERNAKULAM DISTRICT

2 VARGHESE.T.M
AGED 62 YEARS
S/O.MATHAI, THAMARAPPILLY HOUSE, IRAPURAM.P.O,
KOONOOR, KARA, ERNAKULAM DISTRICT.

3 CHINNAMMA VARGHESE
AGED 50 YEARS
W/O.VARGHESE, THAMARAPPILLY HOUSE, IRAPURAM.P.O,
KOONOOR, KARA, ERNAKULAM DISTRICT.

4 BINOY
AGED 31 YEARS
S/O.VARGHESE, THAMARAPPILLY HOUSE, IRAPURAM.P.O,
KOONOOR, KARA, ERNAKULAM DISTRICT.

BY ADVS.

SRI.P.P.BIJU
M.K.PARTHASARATHI
SRI.M.S.DILEEP

RESPONDENTS:
1 STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM

2 SHEENU VARGHESE
W/O.BIJOY, PARAPPURATH HOUSE, PANICHAYAM,
ASAMANOOR.P.O., ERNAKULAM DISTRICT-683549.

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.06.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 3651 of 2019

2

ALEXANDER THOMAS, J

BAIL APPLICATION NO. 3651/2019

DATED THIS THE 10th DAY OF JUNE, 2019

O R D E R

The petitioners herein are accused nos. 1-4 in the instant crime no.

415/2019 of Kunnathunad Police Station which has been registered for

offences punishable under Section 498A, 354, 415 r/w Sectionsection 34 of the

IPC. The prosecution case in short is that the lady defacto complainant in

this case is the wife of the 1st petitioner and that petitioners 2, 3 and 4 are

the father, mother and brother of accused no. 1 and that after the marriage

of the spouses, the lady has been subjected to cruelty and harassment by

the accused persons etc and that A1 had obtained money from the father of

the lady and had purchased property in his name in breach of his assurance

that the money would be used to purchase the property in the name of the

lady. After hearing both sides and after evaluation of the facts and

circumstances of this case, this Court is of the considered view that

custodial interrogation of the petitioners is not necessary. Accordingly it is

ordered that in the event of the petitioners being arrested in relation to the

above said crime No. 415/2019 of Kunnathunadu Police Station, they shall
Bail Appl..No. 3651 of 2019

3

be released on bail on their separately executing bond for Rs.40,000/-

(Rupees Fourty Thousand only) each and their separately furnishing bonds

to the like sum each to the satisfaction of the Investigating Officer

concerned. 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 petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall report before the investigating officer as and
when required in that connection.

(iv) The petitioner shall not influence witness or shall not tamper or
attempt to tamper evidence in any manner, whatsoever.

(v) If there is any violation of the abovesaid conditions by the
petitioner then the jurisdictional court concerned 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

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