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Jenson John 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 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940

Bail Appl.No. 1719 of 2019
CRIME NO.115/2019 OF VARAPPUZHA POLICE STATION , ERNAKULAM

PETITIONER:

JENSON JOHN
AGED 33 YEARS
S/O.JOHN, KALLUVEETTIL HOUSE, CHIRAKAKOM, VARAPUZHA,
ERNAKULAM DISTRICT.

BY ADVS.
SRI.SHAJI THOMAS
SRI.JEN JAISON

RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.

2 SUB INSPECTOR OF POLICE
VARAPUZHA, ERNAKULAM DISTRICT-683517.

PUBLIC PROSECUTOR SRI. AMJAD ALI

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.03.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.1719 of 2019
2

ALEXANDER THOMAS, J.

B.A.No.1719 of 2019

Dated this the 07th day of March, 2019

ORDER

The applicant herein, who is the 1 st accused in Crime

No.115/2019 of Varapuzha Police Station has filed the instant

application seeking grant of pre-arrest bail in terms of Sec.438 of the

Code of Criminal Procedure.

2. Heard Sri.Shaji Thomas, learned counsel appearing for

the applicant and Sri.Amjad Ali, learned Public Prosecutor appearing

for the respondent-State.

3. The applicant is the 1st accused in Crime No.115/2019 of

Varapuzha Police Station, which has been registered on 12.02.2019

for offences punishable under Secs.498A, 420 read with Sec.34 of the

IPC.

4. The applicant herein (A1) is the husband of the lady

defacto complainant and the other accused A2 to A4 are the father,

mother and sister of the applicant. The marriage between the defacto

complainant and the applicant (A1) was solemnized on 30.07.2012.
B.A.No.1719 of 2019
3

The allegation is that the applicant/husband has ill-treated and

beaten the defacto complainant in the year 2013 and that she has

been subjected to cruelty and harassment by the accused persons.

According to the petitioner, the complaint arose out of minor

offences alleged in between the spouses which are quite natural in

family relationships and that the defacto complainant has triggered

the impugned criminal proceedings, only to harass the family

members, etc.

5. Having heard both sides and having regard to the nature

of the offences alleged against the petitioner and taking into

consideration of the attendant facts and circumstances of this case,

this Court is of the considered view that the plea for pre-arrest bail

could be considered.

6. Accordingly, it is ordered that in the event of the

petitioner being arrested by police in connection with the abovesaid

crime, he shall be released on bail on his executing a bond for

Rs.40,000/- each and on furnishing two solvent sureties for the

likesum, both to the satisfaction of the Investigating Officer

concerned.

B.A.No.1719 of 2019
4

7. Further it is ordered that it will be subject to following

conditions:-

(1) The petitioner shall not involve in any criminal offences of
similar nature.

(2) The petitioner shall fully co-operate with the investigation.
(3) The petitioner shall report before the Investigating Officer
as and when required in that connection.

(4) The petitioner shall not influence witness or shall not
tamper or attempt to tamper evidence in any manner,
whatsoever.

(5) If there is any violation of the abovesaid conditions by the
petitioner 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
vgd/07.03.19
B.A.No.1719 of 2019
5

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