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George Thomas vs State Of Kerala on 18 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941

Bail Appl..No.7905 OF 2019

CRIME NO.2767/2019 OF Cherthala Police Station , Alappuzha

PETITIONERS:

1 GEORGE THOMAS,
AGED 42 YEARS
S/O.K.V.THOMAS,KONTHIAMADATHIL HOUSE,
THAIKKATTUKARA.P.O,ALUVA,ERNAKULAM DISTRICT,PIN-
683106.

2 JAISAMMA GEORGE,
AGED 52 YEARS
W/O.GEORGE.A.T,AYILIKUNNEL HOUSE,
IDUKKI COLONY.P.O,CHERUTHONI,
IDUKKI,PIN-685602.

3 GEORGE.A.T,
AGED 60 YEARS
S/O.THOMAS.A.P.AYILIKUNNEL HOUSE,
IDUKKI COLONY.P.O,CHERUTHONI,
IDUKKI,PIN-685602.

BY ADVS.
DR.SEBASTIAN CHAMPAPPILLY
SRI.GEORGE CLEETUS

RESPONDENTS:

1 STATE OF KERALA,
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,HIGH COURT
OF KERALA.

2 THE STATION HOUSE OFFICER,
CHERTHALA POLICE STATION,
CHERTHALA,PIN-688524.

3 THE STATION HOUSE OFFICER,
ALUVA EAST POLICE STATION,
ALUVA,PIN-683101.
Bail Appl..No.7905 OF 2019 Bail Appl..No.7911 OF 2019

2

4 JISHA THOMAS,
AGED 40 YEARS
D/O.K.C.THOMAS,KOYIPPARAMBIL HOUSE,
PALLIPPURAM.P.O,CHERTHALA,ALAPPUZHA DISTRICT,PIN-
688541.

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.7905 OF 2019 Bail Appl..No.7911 OF 2019

3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 18TH DAY OF NOVEMBER 2019 / 27TH KARTHIKA, 1941

Bail Appl..No.7911 OF 2019

CRIME NO.2767/2019 OF Cherthala Police Station , Alappuzha

PETITIONER:

SUNITHA B.
AGED 37 YEARS
D/O.HASSAINAR, RIMESH QUARTERS, 60/124, PUTHIYAPPU,
MEPPAYIL ROAD, VADAKARA, KOZHIKODE, PIN-673104,
PRESENTLY RESIDING AT FLAT NO.6M, SFS AIRPORT
ROYALE, DESOM.P.O., ALUVA, PIN-683102

BY ADVS.
DR.ABRAHAM P.MEACHINKARA
SRI.P.A.SAINUDEEN

RESPONDENTS:

1 STATE OF KERALA
REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA

2 THE STATION HOUSE OFFICER,
CHERTHALA POLICE STATION, CHERTHALA, PIN-688524

3 THE STATION HOUSE OFFICER,
ALUVA EAST POLICE STATION, ALUVA, PIN-683101

4 JISHA THOMAS
AGED 40 YEARS
D/O.K.C.THOMAS, KOYIPPARAMBIL HOUYSE,
PALLIPPURAM.P.O., CHERTHALA, ALAPPUZHA DISTRICT,
PIN-688541

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.7905 OF 2019 Bail Appl..No.7911 OF 2019

4

ALEXANDER THOMAS, J

BA Nos. 7905/2019 and 7911/2019

Dated this the 18th day of November 2019

O R D E R

The three petitioners in BA No. 7905/2019 and the sole petitioner in

BA No.7911/2019 have been arrayed as accused nos. 1, 3 and 4 and accused

nos. 2 respectively among the 4 accused in the instant crime No. 2767/2019

of Cherthala Police Station which has been registered for offences punishable

under Sectionsections 294(b), Section341, Section506, Section498A and Section34 of the IPC. The said crime has

been so registered on the basis of FIS given by the lady defacto complainant

on 17/10/2019 at about 4 pm in respect of the alleged incidents which

happened for the period from 01/04/2019 onwards. The above said crime

has been subsequently transferred and has been re-registered as crime No.

1585/2019 of Aluva East Police Station. The lady defacto complainant in

these cases is the wife of A1. A3 and A4 are the sister and sister’s husband

respectively of A1. A2 is the wife of the friend of A1.

2. The prosecution case in short as disclosed in the FIS is that A1

used to frequently treat the lady with harassment and cruelty by raising false

and unnecessary allegations that she is having illicit affairs with a male

colleague in the Bank where she is working and that he has also been falsely

alleging that she was thereafter having illicit relationship with another male
Bail Appl..No.7905 OF 2019 Bail Appl..No.7911 OF 2019

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colleague in the same Bank where she is working. Further that A2 and A3

had abused her in obscene and foul languages. Further it is alleged that A2 is

having some close connection with A1 and she used to threaten the lady

defacto complainant that she would marry A1 and that thereby the accused

persons have committed the above said offences.

3. The counsel for the petitioners would point out that the above

said allegations are false and baseless and that A1 had filed original petition

before the Family Court concerned seeking divorce on the ground of adultery

said to have been committed by the lady defacto complainant and that it was

only thereafter, as a counterblast, the lady has taken steps to file the instant

FIS for getting the crime registered. Further that the lady defacto

complainant was working as a Manager of a Bank and that she was having

illicit affairs with a male colleague and the said male colleague was dismissed

by the Bank on the allegation that he was having illicit affairs with the lady

defacto complainant herein. Further it is pointed out that A2 is not in any

manner a relative of the husband of the lady defacto complainant and

therefore, she cannot be said to have committed any offence as per Sectionsection

498A of the IPC.

4. After hearing both sides and after careful evaluation of facts and

circumstances of this case, this Court is of the view that custodial

interrogation of the petitioners may not necessary for effectuating the

smooth and fair conduct of investigation in this case.
Bail Appl..No.7905 OF 2019 Bail Appl..No.7911 OF 2019

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5. Accordingly it is ordered that in the event of the above said

petitioners being arrested in relation to their involvement in the above said

crime then they can be released on bail on their separately executing bonds

for Rs.40,000/- (Rupees Fourty Thousand only) each and on their separately

furnishing 2 solvent sureties each for the like sum, both to the satisfaction of

the Investigating Officer concerned.

However, the grant of bail may be subject to the 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 witness or shall not tamper or
attempt to tamper evidence in any manner, whatsoever.

(v)If there is any violation of the abovesaid conditions by the
petitioners, then the jurisdictional court concerned will 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

//true copy// JUDGE
PA to Judge

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