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Noyal John Fernandez vs The State Of Kerala on 30 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 30TH DAY OF MAY 2019 / 9TH JYAISHTA, 1941

BAIL APPL.NO. 3151 OF 2019

CRIME NO. 945/2018 OF KILIKOLLOOR POLICE STATION , KOLLAM

PETITIONERS/ACCUSESD NOS 1 TO 4:

1 NOYAL JOHN FERNANDEZ, AGED 42 YEARS,
SON OF NICHOLOSE FERNANDEZ,
RESIDING AT MILLIKAPARAMBIL,
NEAR INFANT JESUS CHURCH, PALANCE RAOD,
THANGASSERRY P.O, KOLLAM WEST VILLAGE, KOLLAM.

2 MARY FERNANDEZ, AGED 72 YEARS,
W/O. NICHOLOSE FERNANDEZ,
RESIDING AT MILLIKAPARAMBIL,
NEAR INFANT JESUS CHURCH, PALANCE RAOD,
THANGASSERRY P.O, KOLLAM WEST VILLAGE, KOLLAM.

3 DANIEL FERNANCEZ, AGED 44 YEARS,
S/O. NICKOLOSE FERNANDEZ,
RESIDING AT MILLIKAPARAMBIL,
NEAR INFANT JESUS CHURCH, PALANCE RAOD,
THANGASSERRY P.O, KOLLAM WEST VILLAGE, KOLLAM.

4 HELEN, AGED 48 YEARS,
W/O. ALOSCIOUS, RESIDING AT GEETH GARDEN,
THANGASSERY P.O, KOLLAM WEST VILLAGE, KOLLAM.

BY ADVS.
SRI.JOHNSON GOMEZ, SRI.S.BIJU (KIZHAKKANELA)

RESPONDENT/STATE:

THE STATE OF KERALA,
REPRESENTED THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM,
THROUGH THE SUB-INSPECTOR OF POLICE,
KILIKOLLOOR POLICE STATION, ERNAKULAM DISTRICT.

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
————————————
B.A. No. 3151 of 2019
————————————
Dated this the 30th day of May, 2019

ORDER

The petitioners herein are arrayed as accused Nos. 1 to 4 in

the Crime No. 945/2018 of Kilikolloor Police Station, which has

been registered for offences punishable under Secs.498A, 323 r/w

34 of the SectionIPC. The 1st petitioner is the husband of the lady defacto

complainant and the petitioners 2, 3 4 are mother, brother and

sister respectively of the 1st petitioner (A1).

2. Prosecution case in brief is that, after the marriage of

the abovesaid spouses, the accused persons had physically and

mentally inflicted cruelty on her, and had misappropriated her

gold ornaments, etc.

3. After having heard both sides, and after taking note of

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

that the custodial interrogation of the petitioners is not necessary.

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 bail on their separately executing bond
B.A. No. 3151 / 2019 ..3..

for Rs.40,000/- each and on their separately furnishing two

solvent sureties each for the like sum, to the satisfaction of the

Investigating Officer concerned.

4. Further it is also ordered that the grant of bail will be

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.

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

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