IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 12TH DAY OF FEBRUARY 2019 / 23RD MAGHA, 1940
Bail Appl..No. 757 of 2019
AGAINST THE ORDER/JUDGMENT IN OP 263/2018 of FAMILY
CRIME NO.81/2019 OF PEROORKADA POLICE STATION, THIRUVANANTHAPURAM
RAMANI, AGED 60 YEARS,
W/O. RAVI NAIR, CHAITHANYA DARSHAN NAGR, PEROORKADA,
THIRUVANANTHAPURAM, PIN-695 005
SRI.GOKUL DAS V.V.H.
THE STATE OF KERALA,
THROUGH THE STATION HOUSE OFFICER,
PEROORKADA POLICE STATION,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
SMT. K. SHEEBA PP.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.02.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
This application is filed under Section 438 of the Cr.P.C.
2. The applicant herein is the 2 nd accused in Crime No.81 of
2019 registered at the Peroorkada Police Station under Section 498A
r/w. Section 34 of the IPC.
3. De facto complainant is the daughter-in-law of the applicant
herein. The 1st accused is her son and the 3 rd accused is her daughter.
In her complaint, the de facto complainant alleges gross harassment
and ill-treatment on the part of the accused with a view to coerce her
to bring more dowry.
4. The learned counsel appearing for the applicant submitted
that the de facto complainant has already approached the Family
Court seeking divorce and for realisation of money and gold. It is
further submitted that the properties of the applicant and her husband
were attached by the Family Court by Annexure-I. It is in order to
substantiate her contentions in the civil proceedings that allegations of
matrimonial cruelty has been raised is the submission. According to
the learned counsel, the marriage still subsists and he prays that the
applicant be spared from the rigours of custodial interrogation.
5. Heard the learned Public Prosecutor and I have gone
through the materials made available. The allegations now levelled do
not appear to be grave warranting arrest and detention of the
applicant, who is the mother-in-law of the de facto complainant. I am
of the considered view that the custodial interrogation of the applicant
is not necessary for an effective investigation in the instant case.
In the result, this application will stand allowed. The applicant
shall appear before the investigating officer within ten days from today
and shall undergo interrogation. Thereafter, if she is proposed to be
arrested, she shall be released on bail on her executing a bond for
Rs.40,000/- (Rupees Forty thousand only) with two solvent sureties
each for the like sum. However, the above order shall be subject to the
i) The applicant shall co-operate with the investigation and
shall appear before the Investigating Officer as and when
she is called upon to do so.
ii) She shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of
the case so as to dissuade him/her from disclosing such
facts to the court or to any police officer.
iii) She shall not commit any offence while she is on bail.
In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the application for
cancellation, if any, and pass appropriate orders in accordance with
RAJA VIJAYARAGHAVAN V.,