IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 26TH DAY OF NOVEMBER 2018 / 5TH AGRAHAYANA, 1940
Bail Appl..No. 7703 of 2018
CRIME NO. 1601/2018 OF NJARAKKAL POLICE STATION, ERNAKULAM
PETITIONERS/ACCUSED NOS.1 AND 4:
1 GEORGE ROBY, AGED 35 YEARS,
S/O JAMES, THUNDIYIL HOUSE, KARTHEDOM,
MALIPURAM P.O., ERNAKULAM, PIN – 682 511.
2 MARY, AGED 70 YEARS,
W/O.JAMES, THUNDIYIL HOUSE, KARTHEDOM,
MALIPURAM P.O., ERNAKULAM, PIN – 682 511.
3 NOBY GEORGE, AGED 37 YEARS,
S/O.JAMES, CHALA VEETTIL, NARAYAMBALAM P.O.,
NAYARAMBALAM, ERNAKULAM, PIN – 682 509.
4 VINCY, AGED 30 YEARS,
W/O.NOBY, CHALA VEETTIL, NAYARAMBALAM P.O.,
NAYARAMBALAM, ERNAKULAM, PIN – 682 509.
BY ADVS.
SRI.RASHEED C.NOORANAD
SMT.ANITHA M.N. (EKM)
RESPONDENT:
S.I. OF POLICE,
NJARAKKAL POLICE STATION,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI -682 031.
SRI T R RENJITH, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 7703 of 2018 2
ORDER
This application is filed under Section 438 of the Cr.P.C.
2. The applicants herein are accused Nos.1 to 4 in Crime
No.1601 of 2018 registered at the Njarakkal Police Station under
Sections 498A and 323 r/w. Section 34 of the IPC.
3. The 1st applicant herein is the husband of the de facto
complainant. The applicants 2 to 4 are the mother, brother and
sister-in-law respectively of the 1 st applicant. The marriage between
the de facto complainant and the 1st applicant herein was held on
25.04.2016. They have no issues in the wedlock. She alleges that the
applicants harassed her, physically and mentally, demanding more
dowry. It is specifically alleged that on 3.11.2018 at about 4 p.m., the
de facto complainant was assaulted by the 1 st applicant and caused
injuries to her right hand. On the 2 nd day of the said incident, the law
was set in motion.
4. The learned counsel appearing for the applicants
submitted that the parties had married quite recently and for very
silly reasons, an attempt is being made to destroy the relationship.
He points out that though the provision was enacted to check and
Bail Appl..No. 7703 of 2018 3
curb the menace of dowry, in the instant case, the provisions are
being misused. The complaint has been filed in the heat of the
moment and, according to the learned counsel, if the applicants are
arrested and remanded, the chances of settlement and reunion will
be irrevocably ruined.
5. I have heard the learned Public Prosecutor and have gone
through the materials that have been made available. The allegations
now levelled does not appear to be grave warranting arrest and
detention of the applicants, who are the husband and in-laws of the
de facto complainant. I am of the considered view that the custodial
interrogation of the applicants are not necessary for an effective
investigation in the instant case.
6. In the result, this application will stand allowed. The
applicants shall appear before the investigating officer within ten days
from today and shall undergo interrogation. Thereafter, if they are
proposed to be arrested, they shall be released on bail on each of
them executing a bond for a sum of Rs.40,000/- (Rupees Forty
thousand only) with two solvent sureties each for the like sum. The
above order shall be subject to the following conditions:
Bail Appl..No. 7703 of 2018 4
i) The applicants shall co-operate with the investigation
and shall appear before the Investigating Officer on every
Saturdays between 10 A.M and 1 P.M. for a period of two
months or till final report is filed whichever is earlier.
ii) They 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) They 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
DSV/-
//TRUE COPY// P.A. TO JUDGE