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Judgments of Supreme Court of India and High Courts

Rema Devi vs State Of Kerala on 11 February, 2019

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
-2-

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
-3-

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
-4-

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

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