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