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Judgments of Supreme Court of India and High Courts

Eldho James vs State Of Kerala on 7 March, 2019

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.
——————————
B.A. No. 8780 of 2018
——————————
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

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