IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 7TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940
BAIL APPL..NO. 8780 OF 2018
CRIME NO. 3115/2018 OF PERUMBAVOOR POLICE STATION , ERNAKULAM
PETITIONERS:
1 ELDHO JAMES, AGED 30 YEARS
S/O.JAMES, PYNADATH HOUSE, ALLAPRA, VENGOLA
VILLAGE, PIN- 683356, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT.
2 JAMES P.V., AGED 59 YEARS
S/O.VARKEY, PYNADATH HOUSE, ALLAPRA, VENGOLA
VILLAGE, PIN- 683356, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT.
3 LEYA JAMES, AGED 52 YEARS
W/O.JAMES, PYNADATH HOUSE, ALLAPRA, VENGOLA
VILLAGE, PIN- 683356, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT.
BY ADV. SRI.BABU JOSEPH PYNADATH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM- 682031.
2 SUB INSPECTOR OF POLICE,
PERUMBAVOOR POLICE STATION, PIN- 683542.
ADDL. 3 REEJA
D/O SLEEBA, POOVATHINKAL THOMBRA VEEDU, ARAKKAPPADI
KARA, ARAKKAPPADI VILLAGE, PERUMBAVOOR, ERNAKULAM
DISTRICT, PIN-683547.
ADDL.R3 IS IMPLEADED AS PER ORDER DATED 15/01/2019
IN CRL.MA. 1/2019
SRI. AMJAD ALI, PUBLIC PROSECUTOR
SRI.D.G.VIPIN
SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY FOR ADDL.R3
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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B.A. No. 8780 of 2018
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Dated this the 7th day of March, 2019
ORDER
Heard Sri.Babu Joseph Pynadath, learned counsel
appearing for the petitioners, Sri.Amjad Ali, learned Prosecutor
appearing for the official respondents 1 and 2, Sri.Karol
Mathew, learned counsel appearing for contesting respondent
No.3 (defacto complainant).
2. The 3 petitioners herein are the 3 accused in Crime
No.3115/2018 of Perumbavoor Police Station, which has been
registered for offences punishable under Secs. 498A r/w 34 of
the IPC. The 2nd respondent defacto complainant and the 1 st
petitioner herein are husband and wife. The 2 nd and 3rd
petitioners herein are the father and mother of the 1 st petitioner.
The allegations raised by the 2nd respondent in the impugned
crime is that the petitioners/accused have inflicted cruelty and
harassment to her and that thereby they committed offences
B.A. No.8780/2018
..3..
under Secs. 498A of the IPC,etc. It is also now submitted by the
learned counsel appearing for the petitioners and counsel
appearing for R-3 that matter has been settled between them.
3. Taking note of the facts and circumstances of this
case, as well as the nature of the offences and allegations raised
in this case, etc, this Court is inclined to consider the plea for
pre-arrest bail. Accordingly it is ordered that in the event of the
petitioners being arrested by the Police in connection with the
abovesaid crime, they shall be released on bail on executing
bond for Rs.40,000/- each and on furnishing two solvent
sureties for the like sum, each to the satisfaction of the
Investigating Officer concerned.
4. Further it is also ordered that it will be subject to 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 witnesses or shall not
tamper or attempt to tamper evidence in any manner,
whatsoever.
B.A. No.8780/2018
..4..
If there is any violation of the abovesaid conditions by the
petitioners then the jurisdictional court concerned stand hereby
empowered, to consider the plea for cancellation of bail at the
appropriate time.
With these observations and directions, the above Bail
Application will stand disposed of.
Sd/-
ALEXANDER THOMAS,
JUDGE
MMG