IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 25TH DAY OF FEBRUARY 2019 / 6TH PHALGUNA, 1940
Bail Appl..No. 754 of 2019
CRIME NO. 2402/2018 OF PUNALOOR POLICE STATION, KOLLAM
PETITIONERS/ACCUSED 1 2:
1 SAMEER SALIM, AGED 35 YEARS,
S/O. SALIM, SURESH BHAVAN, NELPURAKUNNIL,
KARYARA P.O., VILAKKUDI VILLAGE, PUNALOOR TALUK,
KOLLAM DISTRICT.
2 SALIM, AGED 62 YEARS,
S/O. PAREEKUTTY RAWTHER, SURESH BHAVAN,
NELPURAKUNNIL, KARYARA P.O., VILAKKUDI VILLAGE,
PUNALOOR TALUK, KOLLAM DISTRICT.
BY ADV. K.V.ANIL KUMAR
RESPONDENT/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM-682 031.
2 STATION HOUSE OFFICER,
PUNALOOR POLICE STATION,
KOLLAM DISTRICT-691 305.
SRI. B. JAYASURYA, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.02.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 754 of 2019 2
ORDER
This application is filed under Section 438 of the Code of
Criminal Procedure.
2. The applicants herein are father and son respectively and
they are the accused Nos.1 and 2 in Crime No.2402 of 2018 of the
Punaloor Police Station registered under Section 498A read with
Section 34 of the IPC.
3. According to the de facto complainant, who is the wife of the
1st applicant herein, their marriage was solemnized in the year 2011.
A child was born in the wedlock. According to the de facto
complainant, the applicants subjected her to cruelty and harassment
demanding dowry.
4. The learned counsel appearing for the applicants submitted
that in the year 2017 itself, the 1 st applicant had preferred a petition
under the Guardian and Wards Act seeking custody of his minor child.
Thereafter, in the year 2018, the wife of the 1 st applicant filed a
petition seeking realisation of money and gold, which is pending
before the Family Court, Kottarakkara. It is much later that alleging
Bail Appl..No. 754 of 2019 3
the acts of physical abuse, the complaint was lodged and the crime
was registered.
5. The learned Public Prosecutor, on instructions, submitted
that though serious allegations are levelled, no materials have been
produced along with the complaint to show that any physical injuries
were inflicted. In the facts and circumstances, it would be sufficient if
the applicants are ordered to co-operate with the investigation,
submits the learned Public Prosecutor.
6. I have considered the submissions advanced. After going
through the materials on record, I am of the considered view that the
custodial interrogation of the applicants is not necessary for an
effective investigation in the instant case.
In the result, this application will stand allowed. The applicants
shall appear before the investigating officer within ten days from today
and shall undergo interrogation. Thereafter, if they are proposed to be
arrested, they shall be released on bail on each of them executing a
bond for a sum of Rs.40,000/- (Rupees Forty thousand only) with two
solvent sureties each for the like sum. The above order shall be
subject to the following conditions:
Bail Appl..No. 754 of 2019 4
i) The applicants shall co-operate with the investigation and
shall appear before the Investigating Officer on every
Saturdays between 10 A.M and 1 P.M. for a period of two
months or till final report is filed whichever is earlier.
ii) They shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him/her from
disclosing such facts to the court or to any police officer.
iii) They shall not commit any similar offence while on bail.
In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the application for
cancellation, if any, and pass appropriate orders in accordance with
the law.
SD/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
//TRUE COPY// P.A.TO JUDGE
DSV/25.2.19
