IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY, THE 13TH DAY OF OCTOBER 2017/21ST ASWINA, 1939
Bail Appl.No. 6944 of 2017 ()
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CRIME NO. 2274/2017 OF VAIKOM POLICE STATION, KOTTAYAM
PETITIONER(S)/ACCUSED 2 3:
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1. OMANA MURALEEDHARAN
AGED 60 YEARS, W/O.MURALEEDHARAN, PULLAMVELIL HOUSE,
VAIKOM P O, KOTTAYAM DISTRICT, PIN 686141.
2. MURALEEDHARAN
AGED 62 YEARS,S/O.PADMANABHAN,
PULLAMVELIL HOUSE,
VAIKOM P O, KOTTAYAM DISTRICT, PIN 686141
BY ADV.SRI.DINESH MATHEW J. MURICKEN
RESPONDENT(S)/RESPONDENT:
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1. STATE OF KERALA
REPRESENTED BY THE SUB INSPECTOR OF POLICE,
VAIKOM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
* ADDL.R2. DR.ARYACHAND S., D/O P.SURENDRAN,
AGED 26 YEARS, ‘KARTHIKA’, ADAYAMON P.O.,
THATTATHUMALA, THIRUVANANTHAPURAM DISTRICT.
* ADDL.R2 IS IMPLEADED AS PER ORDER DATED 13.10.2017 IN CRL.M.A.
NO.1120/2017.
R2 BY ADV. SRI.K.SIJU
R2 BY ADV. SMT.S.SEETHA
R1 BY PUBLIC PROSECUTOR SRI.S.SAJJU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-10-2017,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BKA/-
K. ABRAHAM MATHEW, J.
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B.A. No. 6944 of 2017
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Dated this the 13th day of October, 2017
O R D E R
Petition filed under Section 438 Cr.P.C.
2.Petitioners are the accused in Crime No. 2274 of 2017
of Vaikom Police Station registered for the offences
under Sections 420 498A r/w Section 34 of the Indian
Penal Code. They are parents-in-law of the additional
second respondent at whose instance the case was
registered. The allegation is that the petitioners
misappropriated her gold ornaments and subjected her
to cruelty.
3.Heard the learned counsel for the petitioner and the
second respondent and the learned Public Prosecutor.
4.In OP(HMA) No. 1262 of 2016 on the file of the Family
Court, Attingal the second respondent has attached the
properties of the petitioners. The second respondent did
not sustain any external injuries. If the petitioners
B.A. No. 6944 of 2017
..2..
happen to be sent to jail, the chance of reunion between
the second respondent and her husband will be lost for
ever. So, I am inclined to grant the prayer of the
petitioners.
In the result, this Bail Application is allowed.
(i)The petitioners shall be released on bail after
interrogation on their executing a bond for 25,000/-
(Rupees twenty five thousand only) each with two
solvent sureties each for the like sum if they are
arrested by the police in connection with this case.
(ii)They shall appear before the Investigating Officer if
they are so required in writing.
(iii)They shall not harass the second respondent.
(iv)They shall not get themselves involved in any other
criminal case while they are on bail.
(v)They shall not contact or communicate with the
victim directly or indirectly, nor shall they enter the
premises in which she resides.
(vi)They shall not intimidate or attempt to influence the
B.A. No. 6944 of 2017
..3..
witnesses.
(vii)They shall not destroy or tamper with the evidence.
(viii)They shall not leave India without the previous
permission of the court below.
If they surrender before the court below this order is
not applicable and the court below may pass
appropriate orders.
In case of violation of any of the above conditions, the
court below is empowered to cancel the bail in
accordance with the law.
Sd/-
K. ABRAHAM MATHEW
JUDGE
bka/-
//True copy//
PA to Judge