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Mathew.P.Davis vs The State Of Kerala on 24 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 24TH DAY OF MAY 2019 / 3RD JYAISHTA, 1941

Bail Appl.No.2602 of 2019

CRIME NO. 2765/2018 OF Ernakulam Central Police Station ,
Ernakulam

PETITIONER/S:

1 MATHEW.P.DAVIS, AGED 67 YEARS,
S/O. DEVASSY P.J, PARAPILLY HOUSE, THAMMANAM,
PULLEPADY ROAD, NOW RESIDING AT MONASTRY ROAD,
KARIKKAMURI, ERNAKULAM-682 011.

2 DEVASSY P.J, AGED 36 YEARS
S/O. JOSEPH, PARAPPILLY HOUSE, THAMMANAM,
PULLEPADY ROAD, NOW RESIDING AT MONASTRY ROAD,
KARIKKAMURI, ERNAKULAM -682 011

3 JOSE DAVIS, AGED 32 YEARS
S/O. DEVASSY P.J, PARAPILLY HOUSE, THAMMANAM,
PULLEPADY ROAD, NOW RESIDING AT MONASTRY ROAD,
KARIKKAMURI, ERNAKULAM-682 011.

4 JIPSY, AGED 30 YEARS
W/O. JOSE DAVIS, PARAPILLY HOUSE, THAMMANAM,
PULLEPADY ROAD, NOW RESIDING AT MONASTRY ROAD,
KARIKKAMURI, ERNAKULAM-682 011

BY ADV. SMT.S.SEETHA

RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM-682 031

2 STATION HOUSE OFFICER
CENTRAL POLICE STATION, ERNAKULAM-682 031

OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.05.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
::2::
Bail Appl.No.2602 of 2019

ALEXANDER THOMAS, J.
—————————–
B.A.No.2602 Of 2019
———————————
Dated this the 24th day of May, 2019.

ORDER

The petitioners are accused Nos.1 to 4 in Crime

No.2765/2018 of Central Police Station, Ernkaulam, which has

been registered for offence punishable under Sec.498A r/w Sec.34

of the I.P.C.

2. The prosecution in brief is that marriage between the

1st petitioner and the lady defacto complainant was solemnised

according to the Christian rites on 21.8.2016 and that therefore the

petitioners have demanded dowry and used to cruelly torture and

harass the lady defacto complainant and continued the cruelty

both mentally and physically. The 1 st petitioner is the husband of

the lady defacto complainant and petitioners 2 to 4 are father,

brother and brother’s wife of the 1st petitioner.

3. Having regard to the submissions made by both sides

and evaluating the facts and circumstances, it is ordered in the

interest of justice that in the event of the petitioners being arrested

by the Police in connection with the abovesaid crime, they shall be

released on bail on their separately executing bonds for
::3::

Bail Appl.No.2602 of 2019

Rs.50,000/- (Rupees Fifty Thousand only) and on separately

furnishing two solvent sureties each for the like sum each to the

satisfaction of the Investigating Officer concerned.

6. 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 witness 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 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.

bkn/-

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