SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Crime No. 1206/2018 Of … vs By Advs on 16 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

FRIDAY, THE 16TH DAY OF NOVEMBER 2018 / 25TH KARTHIKA,
1940

Bail Appl.No. 7243 of 2018

CRIME NO. 1206/2018 OF Thrikkunnappuzha Police Station,
Alappuzha

APPLICANT/ 2ND ACCUSEDS:

RAZIYA,
AGED 50 YEARS,
W/O.UMMARKUNGU, PANDIKASHALAYIL, KOTTEMURI,
THRIKUNNAPUZHA VILLAGE, ALAPPUZHA DISTRICT.

BY ADVS.
SRI.TONY THOMAS (INCHIPARAMBIL)
SRI.P.THOMAS GEEVERGHESE

RESPONDENTS/ COMPLAINANT :

STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKUALM,
REPRESENTING THE S.I. OF POLICE,
THRIKKUNNAPUZHA POLICE STATION,
ALAPPUZHA DISTRICT.

BY PUBLIC PROSECUTOR SRI.D.CHANDRASENAN

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 16.11.2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING :
Bail Appl.No. 7243 of 2018

2

ORDER

The petitioner is the accused in Crime

No.1206/2018 of Thrikkunnapuzha Police Station

registered for offences punishable under Sections

498A, 323, 324, 341, 308 and 34 of the Indian

Penal Code.

2. The allegation is that on 12.10.2018,

at 3.00 p.m., the accused, along with younger

brother, who is the husband of the de facto

complainant attacked the de facto complainant in

the house of the petitioner and caused grievous

hurt to the de facto complainant. The de facto

complainant and the younger brother of the

petitioner were husband and wife. The de facto

complainant and her husband have some troubles in

their matrimonial life. Due to that reason, the

younger brother uses to give their only girl to

the petitioner, who is only two years old. On

11.10.2018, the de facto complainant abandoned the

only girl child in the house of his younger
Bail Appl.No. 7243 of 2018

3

brother. From the day onwards, the petitioner

used to take care the child. On 13.10.2018, the

de facto complainant, along with elder brother and

father came to the petitioner’s house at 3.45 p.m.

and attacked the petitioner and her daughter in

law. The attack by the de facto complainant and

her family member is for taking the child

forcefully from the petitioner and younger

brother. The father and brother of the de facto

complainant attacked the petitioner and she

sustained serious injuries. The petitioner was

admitted in the local Government hospital and she

had filed a complaint before the police.

3. The learned counsel for the petitioner

has submitted that the allegation levelled against

him are false. The dispute arose in between the

petitioner and the de facto complainant. In fact,

there is a matrimonial dispute pending between the

parties and the present petitioner is taking

custody of the child belonging to the de facto

complainant and a scuffle occurred in connection
Bail Appl.No. 7243 of 2018

4

with the custody of the child. Since the matter

is related to a matrimonial dispute and there is a

chance for settlement, I find it is just and

proper to grant anticipatory bail to the

petitioner.

In the result, this application is

allowed and the Station House Officer, Police

Station is directed to enlarge the petitioner on

bail in the event of his arrest on execution of a

bond for Rs.50,000/- with two solvent sureties

each for the like sum to the satisfaction of the

Investigating Officer, subject to the following

conditions :

1. Petitioner shall appear before the

Investigating Officer at 9.00.a.m.on every

alternate Saturdays for two months.

2. He shall not involve in any offence

while on bail.

3. He shall not influence the witnesses

or tamper any evidence in this case.

4. If he violates any of the above
Bail Appl.No. 7243 of 2018

5

conditions, the bail granted to him shall stand

cancelled, forthwith.

Sd/-

ANNIE JOHN, JUDGE

True copy

PA to Judge

RKM

Leave a Reply

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


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 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