IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY,THE 20TH DAY OF MARCH 2019 / 29TH PHALGUNA, 1940
Bail Appl..No. 1988 of 2019
CRIME NO. 157/2019 OF Kasaba Police Station , Kozhikode
PETITIONER/S:
1 MANOJ P.
AGED 46 YEARS
S/O. PURUSHOTHAMAN, PUTHANPARAMBIL VEETTIL, 4TH
LINE, KALOOR P.O, ERNAKULAM, PIN-682017
2 SOBHANA,
AGED 68 YEARS
W/O. PURUSHOTHAMAN, PUTHANPARAMBIL VEETTIL, 4TH
LINE, KALOOR P.O, ERNAKULAM, PIN-682017
BY ADVS.
SMT.DHANYA BABU
SRI.P.S.SYAMKUTTAN
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
B.A.No. 1988 of 2019
Dated this the 20th day of March, 2019
ORDER
The petitioners are the accused in Crime No. 157/2017 of
Kozhikode Kasba Police Station, Kozhikode, which has been
registered for offence punishable under Sec. 498A of the I.P.C., on
the basis of the first information statement of the lady defacto
complainant, who is the wife of the 1st petitioner. The 2nd petitioner is
the mother of the 1st petitioner.
2. The prosecution case is that after the marriage of the lady
defacto complainant with the 1st petitioner, she has been subjected to
cruelty and harassment by the petitioners. The case of the petitioners
is that they are innocent of the allegations levelled against them.
3. Having heard both sides and having regard to the nature
of the offences as well as the allegations raised in the case, this Court
is of the view that the plea for pre-arrest bail could be considered.
Accordingly, it is ordered that in the event of the petitioners being
arrested by the Police in connection with the abovesaid crime, they
shall be released on their executing separate bonds for Rs.40,000/-
B.A.1988/19 – : 3 :-
each and on each of them furnishing two solvent sureties for the like
sum, each to the satisfaction of the Investigating Officer concerned.
Further it is also ordered that it 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 witnesses or shall not tamper or attempt to
tamper evidence in any manner, whatsoever.
If there is any violation of the abovesaid conditions by the
petitioners, then the jurisdictional court concerned will 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/-
sdk+ ALEXANDER THOMAS, JUDGE