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Joseph Stephen Parapillil vs State Of Kerala on 26 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 26TH DAY OF NOVEMBER 2018 / 5TH AGRAHAYANA, 1940

Bail Appl..No. 4734 of 2018

CRIME NO. 1683/2018 OF ANGAMALY POLICE STATION, ERNAKULAM

PETITIONER/ACCUSED :

JOSEPH STEPHEN PARAPILLIL,
S/O. ENGEL JOSEPH PARAPILLIL, AGED 61 YEARS,
RESIDING AT PARAPILLIL HOUSE, POYYA P.O.,
TRISSUR – 680 733.

BY ADVS.
SRI.THOMAS JOHN AMBOOKEN
SRI.B.SAJEEV KUMAR

RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI – 682 031.

2 THE SUB INSPECTOR OF POLICE,

ANGAMALY POLICE STATION, ANGAMALY P.O.,
PIN – 683 572.

3 RIZA, W/O. AJAY JOSEPH,
AGED 25 YEARS, RESIDING AT PYNADATH HOUSE,
KARUKUTTY, ANGAMALY, PADUVAPURAM POST,
KOCHI – 683 582.

R1 SRI AMJAD ALI, SENIOR PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Bail Appl..No. 4734 of 2018 2

ORDERxxx
This application is filed under Section 438 of the Cr.P.C.

2. The applicant herein is the 3rd accused in Crime No.1683

of 2018 registered at the Angamaly Police Station registered under

Sections 341, 323, 506(i) and 498A read with Section 34 of the IPC.

3. The de facto complainant is the daughter-in-law of the

applicant. The accused Nos. 1 and 2 are the son and wife

respectively of the applicant. In her complaint, the victim alleges

that she was subjected to matrimonial cruelty by the accused.

4. The learned counsel appearing for the applicant

submitted that the applicant is innocent of all allegations. According

to the learned counsel, the applicant has been working at Muscat for

the past 33 years and is staying there with his entire family. While

so, the marriage between the 1st accused and the de facto

complainant was solemnised on 18/5/2017. They fell apart due to

temperamental differences and the first accused has approached the

Family Court and has filed a petition seeking divorce. The de facto

complainant, on the other hand, has moved the Family Court and

has sought for maintenance. Insofar as the applicant is concerned,

the allegations are extremely vague is the submission.
Bail Appl..No. 4734 of 2018 3

5. The learned Public Prosecutor, on instructions, submitted

that in the facts and circumstances, it would be sufficient if the

applicant is ordered to co-operate with the investigation.

6. I have considered the submissions advanced. After going

through the materials on record, I am of the considered view that

the custodial interrogation of the applicant is not necessary for an

effective investigation in the instant case.

7. In the result, this application will stand allowed. The

applicant shall appear before the investigating officer within ten

days from today and shall undergo interrogation. Thereafter, if he is

proposed to be arrested, he shall be released on bail on his

executing a bond for a sum of Rs.40,000/- (Rupees Forty thousand

only) with two solvent sureties each for the like sum. The above

order shall be subject to the following conditions:

(i) The applicant shall co-operate with the investigation
and shall appear before the Investigating Officer on
every Saturdays between 10 A.M and 1 P.M. for a period
of one month or till final report is filed whichever is
earlier.

ii) He shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him/her from
disclosing such facts to the court or to any police officer.

iii) He shall not commit any similar offence while on bail.

Bail Appl..No. 4734 of 2018 4

In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the application

for cancellation, if any, and pass appropriate orders in accordance

with the law.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
DSV/-

//TRUE COPY// P.A. TO JUDGE

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