IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.UBAID
MONDAY ,THE 11TH DAY OF FEBRUARY 2019 / 22ND MAGHA, 1940
Bail Appl..No. 647 of 2019
CRIME NO. 35/2019 OF Paravoor Police Station , Kollam
PETITIONERS/ACCUSED NO 2 TO 4:
1 REMA DEVI, AGED 62 YEARS
SISTER OF CHANDRA BABU,
VIMAL GARDEN, KALAYACODE P.O,
POOTHAKULAM, KOLLAM.
2 JACQUALIN C. @ VEENA
AGED 31 YEARS
W/O. HARI M.S., VENGANAMOOLA VEETTIL,
KATTAYIKONAM P.O, POTHENCODE, AYIROORPPARA,
THIRUVANANTHAPURAM DISTRICT.
3 USHAKUMARI, AGED 60 YEARS
W/O. CHANDRA BABU, VIMAL GARDEN,
KALAYACODE P.O, POOTHAKULAM, KOLLAM.
BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA)
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
OTHER PRESENT:
SRI T R RENJITH PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 647 of 2019
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O R D E R
The petitioners herein are the accused
Nos. 2 to 4 in Crime No. 35 of 2019 of the Paravur
Police Station, registered under Sections 498A,
323, 341 and 506(i) read with Section 34 of the
Indian Penal Code. They seek pre arrest bail
under Section 438 of the Code of Criminal Procedure
on the apprehension of arrest and custodial
harassment. They are the in-laws of the defacto
complainant, and the first accused is her husband.
2. The grievance of the defacto
complainant in her complaint is that she had been
mentally and physically harassed by her husband and
the in-laws by demanding more dowry and ornaments.
She has a further grievance that she was once
assaulted by her husband, and due to this assault,
she had sustained some simple injuries. There is
no such allegation of assault against the in-laws.
Bail Appl..No. 647 of 2019
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3. On a perusal of the materials,
including the complaint made by the lady, I find
that there is something artificial in the
allegations as against these petitioners. It
appears that there is serious matrimonial dispute
between her and her husband. It is submitted that
the husband is now employed abroad. I do not find
the necessity of detention of the petitioners in
custody for the purpose of investigation in the
above circumstances. It will suffice that the
petitioners are directed to report before the
investigating officer for necessary interrogation.
4. In the result, this petition for pre
arrest bail is allowed. The petitioners are
ordered to be released on bail on their executing
bond with two solvent sureties for Rs.30,000/-
(Rupees Thirty Thousand only) each to the
satisfaction of the court below or the arresting
officer concerned in case of their arrest in
Bail Appl..No. 647 of 2019
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connection with Crime No. 35 of 2019 of the
Paravoor Police Station. Bail is granted on
condition that
a) The petitioners shall report before
the investigating officer for necessary
interrogation as and when required by him.
b) The petitioners shall not in any
manner influence or intimidate the material
witnesses, or they shall not have any contact with
the material witnesses directly or over telephone
or otherwise.
Sd/-
P.UBAID
Ds 11.02.2019 JUDGE
