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Crime No. 280/2019 Of … vs By Adv. Sri.V.A.Johnson … on 7 June, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 07TH DAY OF JUNE 2019 / 17TH JYAISHTA, 1941

Bail Appl..No. 3822 of 2019

CRIME NO. 280/2019 OF Wadakkancherry Police Station ,
Palakkad

APPLICANTS/ACCUSED NOS.1 TO 4:

1 RAJEESH,AGED 38 YEARS
S/O.KAMALAM, KARTHIKA NANDHANAM, KEEDAMKUNNATH,
THIRUVADI, THEKKEPOTTA, PUTHUCODE,
VADAKKANCHERRY, PALAKKAD.

2 KAMALAM,AGED 60 YEARS,W/O.SANKARAN,KARTHIKA
NANDHANAM, KEEDAMKUNNATH, THIRUVADI,
THEKKEPOTTA, PUTHUCODE, VADAKKANCHERRY,
PALAKKAD.

3 RAGHU NANDANAN,AGED 43 YEARS
S/O.KAMALAM, KARTHIKA NANDHANAM, KEEDAMKUNNATH,
THIRUVADI, THEKKEPOTTA, PUTHUCODE,
VADAKKANCHERRY, PALAKKAD.

4 RAMYA,AGED 32 YEARS,W/O.RAGHU, KARTHIKA
NANDHANAM, KEEDAMKUNNATH, THIRUVADI,
THEKKEPOTTA, PUTHUCODE, VADAKKANCHERRY,
PALAKKAD.

BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)

RESPONDENT/S:
STATE OF KERALA
REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.

OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.3822/2019 2

ALEXANDER THOMAS, J.
——————————————-
B.A.No. 3822 of 2019
———————————————-
Dated this the 7th day of June, 2019

ORDER

The petitioners have been arrayed as accused Nos. 1

to 4 in Crime No.280/2019 of Vadakkancherry Police

Station , which has been registered for offecnes punishable

under Sections 498A r/w.34 of SectionIPC. The lady complainant

in this case is the wife of the 1 st petitioner and petitioners 2

to 4 are the mother, brother and brother’s wife of the 1 st

petitioner (A1). The lady complainant had filed private

criminal complaint before the jurisdictional Magistrate

Court concerned alleging the above said offences and the

learned Magistrate has directed the Police to conduct

investigation under Section 156(3) of Cr.P.C. and thereupon

the above said crime has been registered by the Police.

2. The brief of the prosecution case is that after the

marriage of spouses, a child was born in the wedlock and

that the petitioners have mentally and physically harassed

her etc.
B.A.No.3822/2019 3

3. Taking note of the facts and circumstances of

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

custodial interrogation of the petitioners may not be

necessary in this case. Accordingly, it is ordered that in the

event of the petitioners being arrested in relation to the

above said crime, then they shall be released on bail on

their separately executing a bond for Rs.50,000/- (fifty

thousand only) each and on their separately furnishing two

solvent sureties each for the like sum both to the

satisfaction of the Investigating Officer concerned.

However, the grant of bail subject to the following

conditions:

(i) The petitioners shall not involve in any
criminal offences of similar nature.

(ii) The petitioners shall fully co-operate with
the investigation.

(iii) The petitioners shall report before the
Investigating Officer as and when
required in that connection.

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

If there is any violation of the abovesaid conditions by

the petitioners, then the jurisdictional court concerned stand
B.A.No.3822/2019 4

hereby empowered, to consider the plea for cancellation of

bail at the appropriate time.

With these observations and directions, the above Bail

Application stands allowed.

sd/-

ALEXANDER THOMAS, JUDGE

acd

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