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.
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B.A. No. 7398 of 2019
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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
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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
