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Rejith P vs State Of Kerala on 10 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 10TH DAY OF APRIL 2019 / 20TH CHAITHRA, 1941

Bail Appl..No. 2749 of 2019

CRIME NO. 435/2019 OF MARADU POLICE STATION , Ernakulam

PETITIONER/S:

1 REJITH P.,
AGED 37 YEARS
S/O.KUMARAN NAIR, KUZHINJODATH HOUSE, VADAKKENADA,
KAVASERRY P.O., PALAKKAD DISTRICT, PIN – 678 543.

2 SANTHA,
AGED 60 YEARS
W/O.KUMARAN NAIR, KUZHINJODATH HOUSE, VADAKKENADA,
KAVASERRY P.O., PALAKKAD DISTRICT, PIN – 678 543.

BY ADVS.
SRI.JOSEPH GEORGE
SMT.NICEY A. MENON

RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.

OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

B.A.No. 2749 of 2019

Dated this the 10th day of April, 2019
ORDER

The petitioners herein are accused Nos.1 and 2 and in Crime

No.435/2019 of Maradu Police Station, Ernakulam District,

registered for offence punishable under Sec. 498A of the I.P.C.

2. The defacto complainant’s case is that she is the wife of

the 1st petitioner and the 2nd petitioner is the mother of the 1st

petitioner. The brief of the prosecution case is that the accused

persons have physically and mentally harassed the petitioner between

14.4.2017 and 14.3.2019 at the house of the accused persons, etc. and

thereby they have committed the abovesaid offence.

3. Having heard both sides and having regard to the nature

of the offences as well as the allegations raised in the case, this Court

is of the view that the plea for pre-arrest bail could be considered.

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 their executing separate bonds for Rs.40,000/-

each and on each of them furnishing two solvent sureties for the like
B.A.2749/19 – : 3 :-

sum each to the satisfaction of the Investigating Officer concerned.

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 witnesses 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 will 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/-

sdk+ ALEXANDER THOMAS, JUDGE

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