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Judgments of Supreme Court of India and High Courts

Biju.P vs State Of Kerala on 8 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940

Bail Appl..No. 5868 of 2018

CRIME NO. 169/2018 OF CHEEMENI POLICE STATION , KASARGOD

PETITIONERS/ACCUSED:

1 BIJU.P,
AGED 35 YEARS,
S/O BALAKRISHNAN, UDAYAGIRI, KAYYUR VILLAGE,
CHEEMENI, HOSDURG TALUK.

2 SHARADHA,
AGED 58 YEARS, W/O. BALAKRISHNAN,
UDAYAGIRI,KAYYUR VILLAGE,CHEEMENI,HOSDURG TALUK.

BY ADV. SRI.A.ARUNKUMAR

RESPONDENTS/COMPLAINANT/STATE:

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.

2 THE STATION HOUSE OFFICER,
(CRIME NO.169 OF 2018 OF CHEEMENI POLICE
STATION,KASARAGOD DISTRICT – 671 001)

OTHER PRESENT:
SRI. D CHANDRASENAN, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.11.2018,

THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No.5868/2018 -2-

ORDER

The petitioners are the accused in Crime No. 169 of 2018 of

Cheemeni Police Station for an offence punishable under Section 498A

IPC.

2. The case of the prosecution is as follows:

The marriage between the first accused and the de facto

complainant was solemnised on 09.09.2012 as per the customs and in

the matrimonial house, she was subjected to cruelty, both physically

and mentally, stating that she has no beauty and thereby, they have

committed the aforesaid offence.

3. Heard the learned counsel for the petitioners and the

learned Public Prosecutor.

4. The learned counsel for the petitioners submits that the

petitioners are innocent of the allegations levelled against them.

5. Since the alleged offence arose in connection with

matrimonial dispute and no serious allegations are raised against the

petitioners, I am inclined to grant anticipatory bail to the petitioners.

In the result, this application is allowed and the 2 nd

respondent is directed to enlarge the petitioners on bail in the event of

their arrest on execution of a bond for Rs.50,000/- (Rupees fifty
B.A. No.5868/2018 -3-

thousand only) each with two solvent sureties each for the like sum to

the satisfaction of the Investigating Officer.

sd/-

ANNIE JOHN,
JUDGE.

Rv

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