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Manoharan Nair P vs State Of Kerala on 28 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941

Bail Appl..No.7567 OF 2019

CRIME NO.527/2019 OF SREEKANDAPURAM POLICE STATION, KANNUR

PETITIONER/ACCUSED:

1 MANOHARAN NAIR P.
AGED 55 YEARS
S/O.R.DIVAKARAN NAIR, PAMKOORU HOUSE, KAITHAPRAM P.O.,
SREEKANDAPURAM, THALIPPARAMBU (VIA), KANNUR DISTRICT,
PIN-670 631.

2 SULOCHANA C.K.,
AGED 51 YEARS
W/O.MANOHARAN NAIR P., PAMKOORU HOUSE, KAITHAPRAM P.O.,
SREEKANDAPURAM, THALIPPARAMBU (VIA), KANNUR DISTRICT,
PIN-670 631.

3 ARUNKUMAR M.P.,
AGED 32 YEARS
S/O.MANOHARAN NAIR P., PAMKOORU HOUSE, KAITHAPRAM P.O.,
SREEKANDAPURAM, THALIPPARAMBU (VIA), KANNUR DISTRICT,
PIN-670 631.

BY ADVS.
SMT.M.B.SHYNI
SRI.DEEPAK RAJ
SRI.FRANCIS MATHEW
SHRI.SAREEN S.

RESPONDENT/COMPLAINANT:

STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031

SRI. D CHANDRASENAN, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.10.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No. 7567/2019 :2:

ORDER

The petitioners are accused in Crime No. 527 of 2019 of

Sreekandapuram Police Station, Kannur for offences punishable

under Sections 498A, 354A(2) and 406 r/w Section 34 of IPC.

2. The case of the prosecution is that the third petitioner

married the de facto complainant on 09.06.2019 as per the custom

prevailing in the community. After the marriage, the third petitioner

came home after consuming liquor, pledged her two bangles and

quarreled with her. It is further alleged that the first petitioner

harassed her by patting on her face and caught hold her on

05.07.2019. The allegation against the second petitioner is that she

supported all the above narrated incidents.

3. The learned counsel for the petitioners submits that the

petitioners have not committed any offence as alleged by the

prosecution.

4. Heard the learned Public Prosecutor as well.

5. It is submitted that it is purely a family dispute and no

injury is noted by the prosecution and serious allegations are raised

not against her husband but against her father in law and mother in

law. There is no serious allegations against the third respondent.

6. Considering the arguments advanced by both sides and

the fact that the dispute is purely of matrimonial dispute, I am
B.A. No. 7567/2019 :3:

inclined to grant anticipatory bail to the petitioners by invoking

Section 438 of the Cr.P.C on the following conditions:

1. The petitioners herein shall surrender before the SHO,

Sreekandapuram Police Station on or before 12.11.2019

between 10 a.m and 11 a.m. and after interrogation, they

shall be released on bail on executing a bond for

Rs.50,000/- (Rupees fifty thousand only) with two solvent

sureties each for the like sum to the satisfaction of the

Investigating Officer.

2. The petitioner shall appear before the SHO,

Sreekandapuram Police Station, Kannur District at 9 a.m.

on every alternate Saturdays for three months

commencing from 16.11.2019 or till the charge sheet is

filed, whichever is earlier.

3. The petitioners shall not influence the witnesses or tamper

any evidence in this case.

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

bail granted to them shall stand cancelled, forthwith.

This application is allowed as above.

sd/-

ANNIE JOHN,
JUDGE.

Rv
B.A. No. 7567/2019 :4:

Rv

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