SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Mahesh G.Nair vs State Of Kerala on 31 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 31ST DAY OF OCTOBER 2019 / 9TH KARTHIKA, 1941

BAIL APPL.NO.7398 OF 2019

CRIME NO.2250/2019 OF KAYAMKULAM POLICE STATION, ALAPPUZHA

PETITIONERS/ACCUSED 1 TO 4:

1 MAHESH G.NAIR, AGED 30 YEARS,
S/O. GOPINATHAN NAIR, MAYA BHAVANAM, KOITHOORKONAM,
POTHENCODE, THIRUVANANTHAPURAM.

2 VATHSALA G. NAIR, AGED 30 YEARS,
W/O. GOPINATHAN NAIR, MAYA BHAVANAM, KOITHOORKONAM,
POTHENCODE, THIRUVANANTHAPURAM.

3 GOPINATHAN NAIR, AGED 72 YEARS,
MAYA BHAVANAM, KOITHOORKONAM, POTHENCODE,
THIRUVANANTHAPURAM.

4 MAYA, AGED 40 YEARS,
W/O. KRISHNAN, MAYA BHAVANAM, KOITOORKONAM,
POTHENCODE, THIRUVANANTHAPURAM, PIN-695 584

BY ADV. SRI.JELSON J.EDAMPADAM

RESPONDENTS/STATE/DEFACTO COMPLAINANT:

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

2 INSPECTOR OF POLICE,
KAYAMKULAM POLICE STATION, KAYAMKULAM, KOLLAM.

3 MINU NAIR, AGED 27 YEARS,
KARTHIKA, KAVUM KADAYIL, CHERAVALLI MURI,
KAYAMKULAM, KOLLAM.

SRI.AMJAD ALI, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
————————————-
B.A. No. 7398 of 2019
————————————-
Dated this the 31st day of October, 2019

ORDER

The petitioners herein have been arrayed as A1 to A4

among the 4 accused in the instant Crime No.2250/2019 of

Kayamkulam Police Station, which has been registered for

offences punishable under Secs.498A, 506(ii) 34 of the SectionIPC on

the basis of FIS given by lady defacto complainant on 19.8.2019

at about 5 pm in respect of the alleged incidents which have

happened for the period from 6.5.2018 to 19.8.2019. The lady

defacto complainant in this case is the wife of the 1 st petitioner

(A1). The petitioners 2 to 4 herein (A2 to A4) are the mother,

father and sister respectively of the 1st petitioner (A1).

2. The prosecution case in short is that, after the

marriage of the abovesaid spouses the petitioners have treated

the lady defacto complainant with cruelty and harassment, and

that they have demanded her to bring more dowry, and that when

she question the illicit relationship of A1 with another woman, A1

had intimidated her that he would kill her, and that her gold
B.A. No. 7398 of 2019

..3..

ornaments which have been kept in the locker by the accused

persons have not yet been returned back, etc.

3. After hearing both sides and after careful evaluation of

the facts and circumstances of the case, this Court is inclined to

take the view that the custodial interrogation of the petitioners

may not be necessary for effectuating smooth and fair conduct of

investigation in the above crime. Accordingly it is ordered that in

the event of the petitioners being arrested by police in connection

with the abovesaid crime, they shall be released on bail on their

separately executing bonds for Rs.40,000/- each and on their

separately furnishing two solvent sureties each for the like sum,

both to the satisfaction of the Investigating Officer concerned.

Further it is also ordered that the grant of bail will be subject to

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.

B.A. No. 7398 of 2019

..4..

If there is any violation of the abovesaid conditions by

the petitioners 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
MMG

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation