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James Thomas vs State Of Kerala on 12 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

MONDAY ,THE 12TH DAY OF NOVEMBER 2018 / 21ST KARTHIKA, 1940

Bail Appl..No. 6860 of 2018

CRIME NO. 1435/2018 OF KOTTARAKKARA POLICE STATION , KOLLAM

PETITIONERS/ACCUSED:

1 JAMES THOMAS,
AGED 29 YEARS
VAICKATH HOUSE,PATHANAMTHITTA P.O,
PATHANAMTHITTA DISTRICRT- 688 001.

2 JULY THOMAS,
AGED 51 YEARS,
THOTTAPALLIL HOUSE, VELIYANNOOR PO, AREEKKARA,
KOTTAYAM DISTRICT – 688 001.

3 ELSY THOMAS,
AGED 72 YEARS,
VAICKATH HOUSE, PATHANAMTHITTA PO,
PATHANAMTHITTA DISTRICT – 688 001.

BY ADV. SRI.SYAM J SAM

RESPONDENT/COMPLAINANT:

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

SMT.MAYA M.N, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No. 6860/2018 -2-

ORDER

The petitioner is the accused in Crime No. 1435 of 2018 of

Kottarakkara Police Station, Kollam for offences punishable under

Sections 498A and 420 r/w Section 34 IPC.

2. The case of the prosecution is that the marriage between the

first petitioner and the de facto complainant were solemnized on

15.01.2015 at Holy Family, Koothattukulam according to the rights and

rituals of Christian marriage. After the marriage, they resided together

at the residence of the de facto complainant at Ambalapuzha. It is

alleged that during that period, the de facto complainant was subjected

to cruelty by the petitioners. Moreover, the gold and money of the de

facto complainant was misused by the petitioners.

3. The learned counsel for the petitioners submits that the de faco

complainant has filed O.P. No. 855 of 2018 before the Family Court,

Kottarakkara for realisation of money and gold. It is also submitted that

they are ready to co-operate with the investigation.

4. The allegation levelled against the petitioners is only

matrimonial cruelty. The third petitioner, who is the mother of the first

petitioner, is aged 72 years old.

5. Considering the relationship between the petitioners and the de

facto complainant, I find that it is just and proper to grant anticipatory
B.A. No. 6860/2018 -3-

bail to the petitioners.

In the result, this application is allowed and the SHO, Kottarakkara

Police Station is directed to enlarge the petitioners on bail in the event of

their arrest on execution of a bond for Rs.50,000/- (Rupees fifty

thousand only) with two solvent sureties each for the like sum to the

satisfaction of the Investigating Officer.

sd/-

ANNIE JOHN,
JUDGE.

Rv
B.A. No. 6860/2018 -4-

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