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Sandheepkumar D.S. vs State Of Kerala on 28 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941

BAIL APPL.NO.7482 OF 2019

CRIME NO.1798/2019 OF PERUMBAVOOR POLICE STATION, ERNAKULAM

PETITIONERS/ACCUSED NO.1 TO 4:

1 SANDHEEPKUMAR D.S., AGED 35,
S/O. SASEENDRAN K.M, DEVIVILASAM, DEVIYAR COLONY,
VALARA P.O, IDUKKI DISTRICT 685 561,
NOW RESIDING AT DEVI VILASAM HOUSE,KADUNGAMANGALAM P.O.,
COLONY PADI, PRIYADHARSINI ROAD, CHOTTANIKKARA,
ERNAKULAM DISTRICT-682 305.

2 SASEENDRAN,
S/O. MADHAVANACHARI, DEVIVILASAM, DEVIYAR COLONY,
VALARA P.O, IDUKKI DISTRICT 685 561,
NOW RESIDING AT DEVI VILASAM HOUSE,KADUNGAMANGALAM P.O.,
COLONY PADI, PRIYADHARSINI ROAD, CHOTTANIKKARA,
ERNAKULAM DISTRICT-682 305.

3 SHYAMALA,
W/O. SASEENDRAN, DEVIVILASAM, DEVIYAR COLONY, VALARA
P.O, IDUKKI DISTRICT 685 561
NOW RESIDING AT DEVI VILASAM HOUSE,KADUNGAMANGALAM P.O.,
COLONY PADI, PRIYADHARSINI ROAD, CHOTTANIKKARA,
ERNAKULAM DISTRICT-682 305.

4 SANOOPKUMAR,
S/O. SASEENDRAN, DEVIVILASAM, DEVIYAR COLONY, VALARA
P.O, IDUKKI DISTRICT 685 561
NOW RESIDING AT DEVI VILASAM HOUSE,KADUNGAMANGALAM P.O.,
COLONY PADI, PRIYADHARSINI ROAD, CHOTTANIKKARA,
ERNAKULAM DISTRICT-682 305.

BY ADVS.SRI.K.C.SANTHOSHKUMAR, SMT.K.K.CHANDRALEKHA

RESPONDENTS/STATE COMPLAINANT:

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

2 THE STATION HOUSE OFFICER,PERUMBAVOOR POLICE STATION,
ERNAKULAM DISTRICT-683542.

SRI.AMJAD ALI, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.10.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
————————————-
B.A. No. 7482 of 2019
————————————-
Dated this the 28th day of October, 2019

ORDER

The petitioners herein have been arrayed as accused

Nos.1 to 4 among the 4 accused in the instant Crime No.1798/2019

of Perumbavoor Police Station, which has been registered for

offences punishable under Secs.498A, 406 34 of the SectionIPC, on the

basis of FIS given by lady defacto complainant on 4.9.2019 at about

5.20 pm, in respect of the alleged incidents which have happened for

the period from 11.5.2014 to 3.10.2018. The lady defacto

complainant in this case is the wife of the 1 st petitioner herein (A1).

2nd to 4th petitioners herein (A2 to A4) are the father, mother and

brother respectively of the 1st petitioner (A1).

2. The prosecution case in short is that, after the marriage

of abovesaid spouses the petitioners have treated the lady defacto

complainant with cruelty and harassment and that they have

misappropriated her gold ornaments, and that they demanded more

dowry, etc.

3. After hearing both sides and after careful evaluation of

the facts and circumstances of the case, this Court is of the

considered view that the custodial interrogation of the petitioners

may not be necessary for effectuating smooth and fair conduct of
B.A. No. 7482 of 2019

..3..

investigation in this case. Accordingly, it is ordered that in the event

of the petitioners being arrested by police in connection with the

abovesaid crime, they shall be released on bail on their separately

executing bonds for Rs.40,000/- each and on their separately

furnishing two solvent sureties each for the like sum, both to the

satisfaction of the Investigating Officer concerned.

4. Further it is also ordered that the grant of bail will be

subject to following conditions:-

i. The petitioners shall not involve in any criminal offences of
similar nature.

ii. The petitioners shall fully co-operate with the investigation.
iii. The petitioners shall report before the Investigating Officer as
and when required in that connection.

iv. The petitioners shall not influence witness or shall not tamper or
attempt to tamper evidence in any manner, whatsoever.

If there is any violation of the abovesaid conditions by

the petitioners then the jurisdictional court concerned stand hereby

empowered, to consider the plea for cancellation of bail at the

appropriate time.

With these observations and directions, the above Bail

Application will stand disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE

MMG

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