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Jose vs State Of Kerala on 4 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 04TH DAY OF NOVEMBER 2019 / 13TH KARTHIKA, 1941

Bail Appl..No.7615 OF 2019

CRIME NO.1259/2019 OF KATTAKADA POLICE STATION, THIRUVANANTHAPURAM

PETITIONERS/ACCUSED NO.1 TO 3:

1 JOSE,
AGED 39 YEARS, S/O JOSE,
ELLUVILA VEEDU, MUTHIYIL
KOLLODE P.O., KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM

2 DAISY,
AGED 64 YEARS, W/O NESSAMONY,
VETTUVILA VEEDU, KILLI,
KOLLODE P.O., KULATHUMMAL VILLAGE, THIRUVANANTHAPURAM

3 SUJA,
AGED 38 YEARS, D/O DAISY,
ATTRIKATHU VEEDU, MALAYAM P.O.
VILAVOORKKAL VILLAGE, THIRUVANANTHAPURAM

BY ADVS.
SRI.S.MOHAMMED AL RAFI
SRI.P.SATHEESH KUMAR
SHRI.BILAL NIAMATHULLA

RESPONDENT/COMPLAINANT:

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

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.7615 OF 2019

2

ALEXANDER THOMAS, J.

B.A.No.7615 of 2019

Dated this the 04th day of November, 2019

ORDER

The petitioners herein have been arrayed as accused Nos.1 to 3

among the three accused in Crime No.1259/2019 of Kattakada Police

Station, Thiruvananthapuram, registered for offences punishable under

Secs.323, 498A 34 of the Indian Penal Code. The said case has been

registered on the basis of the First Information Statement given by the

lady de facto complainant on 16.10.2019 at about 4.50 p.m., in respect of

the alleged incident which happened four years prior to the said complaint,

etc. The lady de facto complainant in this case is the wife of the

1st petitioner herein (A-1) and the 2nd and 3rd petitioners herein are the

mother’s sister and the mother’s sister’s daughter respectively of the

1st petitioner (A-1).

2. The prosecution case in short is that after the marriage of the

abovesaid spouses, the petitioners have treated the lady de facto

complainant with cruelty and harassment and that they have demanded

her to bring more dowry and that the 1st petitioner used to frequently
Bail Appl..No.7615 OF 2019

3

torment her by doubting her chastity and that she lacks beauty and he had

never allowed her to appear in competitive examinations to secure any job

and thereby they have committed the abovesaid offences.

3. After hearing both sides and after careful evaluation of the facts

and circumstances of this case, this Court is inclined to take the view that

the custodial interrogation of the petitioners may not be necessary, for

effectuating the smooth and proper conduct of the investigation in this

crime.

4. Accordingly, it is ordered that in the event of the petitioners

being arrested in connection with the instant crime, they shall be released

on bail on their separately executing bond for Rs.40,000/- (Rupees Forty

Thousand only) and on their separately furnishing two solvent sureties for

the like sum each, both to the satisfaction of the Investigating Officer

concerned. However, the above order shall 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.

Bail Appl..No.7615 OF 2019

4

5. If the petitioners violate any of the above conditions, the

jurisdictional Court concerned will stand hereby empowered to consider

the application for cancellation of bail, if required, and pass appropriate

orders in accordance with law.

With these observations and directions, the above Bail Application

will stand disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE
vgd

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