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Sajumon Joseph vs State Of Kerala on 16 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

FRIDAY, THE 16TH DAY OF NOVEMBER 2018 / 25TH KARTHIKA,
1940

Bail Appl.No. 7153 of 2018

CRIME NO. 902/2018 OF Melukkavu Police Station, Kottayam

PETITIONER/ ACCUSED :

SAJUMON JOSEPH,
AGED 38 YEARS,
PULIANMACKAL, MELUKAVU.P.O.,
KOTTAYAM DISTRICT, PIN – 686 652.

BY ADV. SRI.BINU PAUL

RESPONDENTS/ STATE COMPLAINANT :

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.

2 INSPECTOR OF POLICE,
MELUKAVU POLICE STATION,
KOTTAYAM DISTRICT, PIN – 686 652.

BY PUBLIC PROSECUTOR SRI.D.CHANDRASENAN

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 16.11.2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING :
Bail Appl.No. 7153 of 2018

2

ORDER

The petitioner is the accused in Crime

No.902 of 2018 of Melukavu Police Station,

Kottayam District registered for the offence

punishable under Section 498A of the Indian Penal

Code. The de facto complainant is the wife of the

petitioner. The marriage of the petitioner and

the de facto complainant was solemnized on

01.12.2016 at Melukavu as per the customs and the

rites of Christian Community. The allegation is

that the petitioner/ accused, who is the husband

of the de facto compainant harassed her by saying

that she was not beautiful. On the basis of the

complaint lodged by the wife, the police

registered the above crime.

2. The learned counsel for the petitioner

has submitted that the de facto complainant has

given untrue statement to the police against the

him. It is further submitted that he is not

involved in the crime as stated in the First
Bail Appl.No. 7153 of 2018

3

Information Report.

3. Heard both sides. The learned Public

Prosecutor has seriously opposed the application.

4. On going through the facts of the case

and after hearing the arguments on either side, I

find that the case is essentially an outcome of

matrimonial dispute. Therefore I find it is just

and proper to grant anticipatory bail to the

petitioner.

In the result, this application is

allowed and the Station House Officer, Melukavu

Police Station, Kottayam District is directed to

enlarge the petitioner on bail in the event of his

arrest on execution of a bond for Rs.50,000/- with

two solvent sureties each for the like sum to the

satisfaction of the Investigating Officer, subject

to the following conditions :

1. Petitioner shall appear before the
Investigating Officer at 9.00.a.m. on every
alternate Saturdays for two months.

2. He shall not involve in any offence
Bail Appl.No. 7153 of 2018

4

while on bail.

3. He shall not influence the witnesses
or tamper any evidence in this case.

4. If he violates any of the above
conditions, the bail granted to him shall stand
cancelled, forthwith.

Sd/-

ANNIE JOHN, JUDGE

True copy

PA to Judge

RKM

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