IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 10TH DAY OF JULY 2018 / 19TH ASHADHA, 1940
Bail Appl..No. 4447 of 2018
AGAINST THE ORDER/JUDGMENT IN CMP 2667/2018 of J.M.F.C.-II, CHERTHALA DATED
27-06-2018
CRIME NO. 684/2018 OF MUHAMMA POLICE STATION , ALAPPUZHA
PETITIONER(S)/2ND ACCUSED
SHABIN
S/O.SHAJI, AGED 32 YEARS, PUTHEZHATHUVELI VEEDU, VARANAM
P.O., THANEERMUKKAM GRAMA PANCHAYATH WARD-12
BY ADV.SRI.P.V.JEEVESH
RESPONDENT(S)/COMPLAINANT :
STATE OF KERALA
THROUGH THE DEPUTY POLICE SUPERINTENDENT, CHERTHALA REP.
BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-
682031.
R BY SR.PUBLIC PROSECUTOR SRI. C.N.PRABHAKARAN.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-07-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AL/-
RAJA VIJAYARAGHAVAN V, J.
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B.A.No.4447 of 2018
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Dated this the 10th day of July, 2018
ORDER
This application is filed under B’439 of the Code of Criminal
Procedure.
2. The applicant herein is the 2nd accused in Crime No.684
of 2018 of the Muhamma Police Station, registered under
B’B’498A 306 r/w.B’34 of the IPC.
3. The applicant herein is the mother of the 2 nd accused.
The 2nd accused had married Tesni on 23.4.2013 and they started
living together as husband and wife. The gold ornaments given to
Tesni by her parents were sold and using the proceeds, immovable
property was purchased. Later, when the 2 nd accused took steps
to assign the said property, it was objected to by Tesni. Dejected
by the acts of the accused, Tesni took her own life by hanging
herself. Alleging that the applicant along with his mother had
subjected the deceased to cruelty and had abetted the commission
B.A.No.4447 of 2018 2
of suicide, the aforesaid Crime was registered. The applicant
herein had surrendered before the investigating officer on
19.6.2018 and has been in custody.
4. The learned counsel appearing for the applicant
submitted that the applicant herein is innocent. It is contended
that his wife was hypersensitive to ordinary petulance and except
for normal differences between spouses, there was no occasion for
her to take her own life. It is further urged that the allegation of
subjecting the lady to mental and physical harassment were raised
only much later.
5. Heard the learned Public Prosecutor and I have gone
through the case diary. It appears that the investigation has
progressed much. Having regard to the nature and gravity of the
allegations, the period of detention undergone and the stage of
investigation, I am of the view that the applicant can now be
enlarged on bail.
6. In the result, this application will stand allowed. The
applicant shall be released on bail on her executing a bond for
Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties
B.A.No.4447 of 2018 3
each for the like sum to the satisfaction of the court having
jurisdiction. The above order shall be subject to the following
conditions:
1). The applicant shall appear before the Investigating
Officer on all Saturdays between 9 a.m. and 10 a.m.,
for 2 months or till final report is filed, whichever is
earlier.
2). The applicant shall not intimidate or attempt to
influence the witnesses; nor shall he tamper with the
evidence.
3). The applicant shall not commit any offence while he
is on bail.
4) The applicant shall not leave India without the
permission of the Court and if having passport, shall
deposit the same before the Trial Court within a week;
If release of the passport is required at a later period,
the applicant shall be at liberty to move appropriate
application before the Court having jurisdiction.
In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the application
for cancellation, if any, and pass appropriate orders in accordance
with the law.
RAJA VIJAYARAGHAVAN V.,
JUDGE
AL/-10/7. xx
