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
