IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 29TH DAY OF JANUARY 2019 / 9TH MAGHA, 1940
Bail Appl..No. 389 of 2019
CRIME NO. 491/2018 OF KALLADICODE POLICE STATION , Palakkad
PETITIONERS/ACCUSED Nos. 2 3:
1 E.I.JOSEPH
AGED 73 YEARS
S/O. ITTIAVARA,ELLIKKAL HOUSE, VELLOOR P.O.,
PAMPADY,KOTTAYAM
2 SOOSAMMA JOSEPH,
AGED 67 YEARS
W/O. E.I.JOSEPH,ELLIKKAL HOUSE, VELLOOR P.O.,
PAMPADY, KOTTAYAM
BY ADVS.
SRI.C.S.MANILAL
SRI.S.NIDHEESH
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM
BY SRI T R RENJITH PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.01.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 389 of 2019
2
ORDER
This application is filed under Section 438 of the Cr.P.C.
2. The applicants herein are husband and wife. The 2 nd
applicant has been arrayed as the 2nd accused in Crime No. 491/2018
of the Kalladikode Police Station. The first accused in the said crime
is the son of the applicants. They face accusations under Sections
498A, 294(b), 506(1) r/w Sections 406 34 of the IPC in a complaint
filed by the wife of the 1st accused.
3. It is submitted that 1st applicant has not been arrayed as an
accused till date. This application insofar as he is concerned, is closed.
4. According to the de facto complainant, she married the 1 st
accused on 27.08.2015 and they are blessed with a child. She alleges
that her husband and mother-in-law subjected her to ill treatment
demanding dowry.
5. The learned counsel appearing for the applicant submits
that the 2nd applicant has nothing to do with the allegations. He
contends that she is aged about 67 years and if she is arrested and
detained it would cause undue hardship. He points out that though
the provision was enacted to check and curb the menace of dowry, in
the instant case, the provisions are being misused.
Bail Appl..No. 389 of 2019
3
6. I have heard the learned Public Prosecutor and have gone
through the materials that have been made available. The allegations
now leveled does not appear to be grave warranting arrest and
detention of the 2nd applicant. I am inclined to allow this application.
In the result, this application will stand allowed. In the event of
arrest of the 2nd applicant in Crime No.491 of 2018 registered at the
Kalladikode Police Station, she shall be released on bail on her
executing a bond for a sum of Rs.40,000/- (Rupees Forty thousand
only) with two solvent sureties each for the like sum. However, the
above order shall be subject to the following conditions:
i) The applicant shall co-operate with the investigation and
shall appear as and when she is called upon to do so.
ii) She shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case so as to dissuade him/her from disclosing such
facts to the court or to any police officer.
iii) He shall not commit any similar offence while on bail.
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.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
avs
