IN THE HIGH COURT OF KERALA AT ERNAKULAM
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
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
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
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:
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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.
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