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Judgments of Supreme Court of India and High Courts

Kannan vs State Of Kerala on 31 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

THURSDAY, THE 31ST DAY OF JANUARY 2019 / 11TH MAGHA, 1940

Bail Appl..No. 4048 of 2018

CRIME NO.23 OF 2019 OF THE VATAKARA POLICE STATION

PETITIONERS/ACCUSED:

1 KANNAN,
AGED 63 YEARS, S/O.KRISHNAN, MEETHALE PANANGAD HOUSE,
MEPPAYIL P.O., VATAKARA-VIA, KOZHIKODE DISTRICT.

2 DEVI,
AGED 58 YEARS, W/O.KANNAN, MEETHALE PANANGAD HOUSE,
MEPPAYIL P.O., VATAKARA-VIA, KOZHIKODE DISTRICT.

BY ADVS.
SRI.P.VENUGOPAL (1086/92)
SMT.T.J.MARIA GORETTI

RESPONDENTS/STATE:

1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682031.

2 SUB INSPECTOR OF POLICE,
EDACHERY POLICE STATION, VATAKARA, KOZHIKODE RURAL
DISTRICT, PIN-673502.

SRI RAMESH CHAND, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.01.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 4048 of 2018 2

ORDER

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

2. The applicants herein are accused Nos.2 and 3 in Crime

No.23 of 2019 of the Vatakara Police Station, registered under

Sections 498A and 406 r/w. Section 34 of the IPC.

3. The 1st accused is the son of the applicants herein. The

de facto complainant is none other than the daughter-in-law of the

applicants herein. According to her, her marriage with the 1 st

accused was solemnized on 25.01.2015. Alleging that the

applicants herein had subjected the de facto complaint to physical

as well as mental harassment demanding dowry, information was

furnished and the instant crime was registered.

4. The learned counsel appearing for the applicants

submitted that the entire allegations are made against the 1st

accused. The major part of the incident had occurred outside India

where the spouses had resided. After the registration of the crime,

the de facto complainant has gone back for employment overseas,

where she is working as a Nurse. According to the learned
Bail Appl..No. 4048 of 2018 3

counsel, the applicants have been unnecessarily dragged into the

case to cause them inconvenience.

5. Heard the learned Public Prosecutor and I have perused

the materials made available. The allegations now levelled do not

appear to be grave warranting arrest and detention of the

applicants, who are the parents of the 1st accused. I am of the

considered view that the custodial interrogation of the applicants

is not necessary for an effective investigation in the instant case.

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

applicants shall appear before the investigating officer within ten

days from today and shall undergo interrogation. Thereafter, if

they are proposed to be arrested, they shall be released on bail on

each of them 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 applicants 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 two months or till final report is filed
whichever is earlier.

ii) They 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.

Bail Appl..No. 4048 of 2018 4

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

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/-

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