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Ramani vs The State Of Kerala on 12 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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
COURT,TRIVANDRUM

CRIME NO.81/2019 OF PEROORKADA POLICE STATION, THIRUVANANTHAPURAM

PETITIONER/ACCUSED NO.2:

RAMANI, AGED 60 YEARS,
W/O. RAVI NAIR, CHAITHANYA DARSHAN NAGR, PEROORKADA,
THIRUVANANTHAPURAM, PIN-695 005

BY ADVS.
SRI.E.RAFEEK
SRI.GOKUL DAS V.V.H.

RESPONDENT/COMPLAINANT:

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.

OTHER PRESENT:
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:
BA:757/2019 2

ORDER

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.
BA:757/2019 3

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

following conditions:

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
BA:757/2019 4

cancellation, if any, and pass appropriate orders in accordance with

the law.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
KRJ

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