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Judgments of Supreme Court of India and High Courts

Manu. K.V vs State Of Kerala on 7 June, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 07TH DAY OF JUNE 2019 / 17TH JYAISHTA, 1941

Bail Appl..No. 3836 of 2019

PETITIONERS/ACCUSED NOS.1 TO 4:

1 MANU. K.V
AGED 42 YEARS
S/O VASAPPAN,RESIDING AT ‘MANU NIVAS’,KADAPRA-
MANNAR.P.O,NIRANAM VILLAGE,THIRUVALLA TALUK AND
PRESENTLY AT NAYANAM HOUSE,AZHOOR
MURI,PATHANAMTHITTA VILLAGE,KOZHENCHERRY TALUK-
689645.

2 RAMANIKUTTY,
AGED 71 YEARS
W/O VASAPPAN,RESIDING AT ‘MANU NIVAS’,KADAPRA-
MANNAR.P.O,NIRANAM VILLAGE,THIRUVALLA TALUK AND
PRESENTLY AT NAYANAM HOUSE,AZHOOR
MURI,PATHANAMTHITTA VILLAGE,KOZHENCHERRY TALUK-
689645.

3 MINI.K.V,
AGED 49 YEARS
D/O.VASAPPAN,RESIDING AT ‘MANU NIVAS’,KADAPRA-
MANNAR.P.O,NIRANAM VILLAGE,THIRUVALLA TALUK AND
PRESENTLY AT 401,IVERY HEIGHST,BEHIND KANAKIA
POLICE STATION,MIRA ROAD,THANE(DIST),
MAHARASHTRA-401107.

4 MEENA.K.V,
AGED 47 YEARS
D/O.VASAPPAN,RESIDING AT ‘MANU NIVAS’,KADAPRA-
MANNAR.P.O,NIRANAM VILLAGE,THIRUVALLA TALUK AND
PRESENTLY AT NANDANAM,KUMBAZHA.P.O,
PATHANAMTHITTA-689645.

BY ADVS.
SRI.MANU RAMACHANDRAN
B.A.No.38326/2019 2

SRI.M.KIRANLAL
SRI.R.RAJESH (VARKALA)
SRI.T.S.SARATH

RESPONDENTS/COMPLAINANT/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH
COURT OF KERALA,
ERNAKULAM-682031.

2 THE SUB INSPECTOR OF POLICE,
OACHIRA POLICE STATION,KOLLAM DISTRICT-690526.

OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.06.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
B.A.No.38326/2019 3

ALEXANDER THOMAS, J.
——————————————-
B.A.No.3836 of 2019
———————————————-
Dated this the 7th day of June, 2019

ORDER

The petitioners have been arrayed as accused Nos.1 to

4 in Crime No.339/2019 of Ochira Police Station, which has

been registered for offences punishable under Sections

498A, 323 r/w.34 of SectionIPC. The complainant in this case is

the wife of the 1st petitioner. Petitioners 2 to 4 are the

mother and sisters of the 1st petitioner (A1). The

complainant had filed a private criminal complaint before

the jurisdictional Magistrate Court concerned alleging the

above said offences and the learned Magistrate has issued

directions under Section 156 (3) of SectionCr.P.C. directing the

Police to conduct an investigation in the case and thereby

the Police has now registered the instant FIR for the above

said offences. The brief of the allegations in the above said

crime is that after the marriage of the spouses, the lady

complainant has been subjected cruelty and harassment

both mentally and physically by the accused persons and
B.A.No.38326/2019 4

that her money and gold ornaments have been unlawfully

misappropriated by the accused etc.

2. The learned counsel appearing for the

petitioners would point out that series of matrimonial

litigative proceedings are already pending between the

parties as can be seen from Annexure-A1 and further that

the petitioners had raised serious allegations of forgery and

misappropriation as against the mother of the defacto

complainant as can be seen from Annexure-A2 dated

8.4.2019.

3. After hearing both sides and after evaluating the

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

considered view that the custodial interrogation of the

petitioners may not be really warranted in the facts and

circumstances of this case. Accordingly, it is ordered that in

the event of the petitioners being arrested in respect of the

above said crime and the following directions and orders

are passed:

1) The petitioners will forthwith personally
appear before the Investigating Officer in
relation to the above said crime for
interrogation purposes without any further
B.A.No.38326/2019 5

delay, at any rate, by 10 a.m. on any day on
or before 24.6.2019.

2) The petitioners will fully co-operate
with the Investigating Officer in the above
interrogation process.

3) After the interrogation process is over,
if the Investigating Officer arrests the
petitioners in relation to the above said crime,
then they shall be released on bail on their
separately executing bonds for Rs.50,000/-
(Rupees fifty thousand only) each and on
their separately furnishing two solvent
sureties each to the satisfaction of the
Investigating Officer concerned. However,
the grant of bail is subject to the 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.

(v) The petitioners shall not go or visit
anywhere near the residence of the lady
defacto complainant
B.A.No.38326/2019 6

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 stands allowed.

Sd/-

ALEXANDER THOMAS, JUDGE

acd

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