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Saramma Ulahannan vs State Of Kerala on 26 October, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

FRIDAY, THE 26TH DAY OF OCTOBER 2018 / 4TH KARTHIKA, 1940

Bail Appl.No. 2309 of 2018

CRIME NO. 16/2018 OF Ramamangalam Police Station, Ernakulam

PETITIONERS/ A1 A2 :

1 SARAMMA ULAHANNAN,
AGED 68, W/O. ULAHANNAN, AMMAMKULATHIL HOUSE,
MAMMALASSERY KARA,
RAMAMANGALAM VILLAGE, MUVATTUPUZHA, ERNAKULAM.

2 A.V ULAHANNAN,
AGED 72, S/O. VARKEY,
AMMAMMKULATHIL HOUSE, MAMMALASSERY KARA,
RAMAMANGALAM VILLAGE, MUVATTUPUZHA, ERNAKULAM.

BY ADV. SRI.SHAJIN S.HAMEED

RESPONDENT/ STATE :

STATE OF KERALA,
REPRESENTED THROUGH THE SUB INSPECTOR OF
POLICE,RAMAMANGALAM POLICE STATION,
ERNAKULAM DISTRICT, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM – PIN 682 031.

BY PUBLIC PROSECUTOR SRI.RAMESH CHAND

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No.2309 of 2018
2

ORDER

The petitioners are the 1st and 2nd accused in Crime

No.16/2018 of Ramamangalam Police Station. The crime was

registered in connection with the suicide of the daughter-in-law of

the petitioners. The marriage between Soumya (deceased) and

son of the petitioner was solemnized on 05.05.2013 as per their

customary and religious rites. It is alleged that after the

marriage, the deceased and her husband started residing along

with the accused persons. It was stated that there was

harassment on the part of the petitioners in demanding dowry

from the residence of the deceased Soumya. The first accused

criticized the deceased saying that she was a lady of bad morale.

On 05.01.2018 also, the accused persons repeated the same act.

Feeling annoyed by the said act, the de facto complainant

committed suicide at 5.00 p.m., by hanging herself on the fan.

2. The crime was registered under Sections 498A

306 r/w.34 of the Indian Penal Code. According to the petitioners’

counsel, they are innocent and detention of the petitioners behind
B.A. No.2309 of 2018
3

the Bar will not improve the case. It was further stated that,

earlier a crime was registered. But, no crime was registered

against these accused persons. It was only on the strength of the

complaint of the de facto complainant’s father that the crime was

registered against them.

3. The learned Public Prosecutor has strongly opposed

the application by stating that the petitioners have committed a

very serious nature of offence and the Case Diary would also

reveal the actual nature of the offence. Anyway, this case has to

be investigated thoroughly. If bail is granted to the petitioners, it

will affect the smooth progress of the investigation. It is true that

the petitioners are aged about 68 years and 72 years. But that

will not be a ground to release the petitioners on bail.

Therefore, I am not inclined to grant anticipatory bail,

as sought for.

However, the petitioners are directed to surrender

before the concerned Station House Officer, Ramamangalam Police

Station, Ernakulam District on or before 30.11.2018, at 11.00

a.m.,and after interrogation, the petitioners shall be produced
B.A. No.2309 of 2018
4

before the concerned jurisdictional Magistrate on the same day

itself. The bail application and the custody application, if any, filed

shall be considered and disposed of by the learned Magistrate

expeditiously, on the same day, after evaluating the report of the

prosecution.

Sd/-

ANNIE JOHN, JUDGE

True copy

PA to Judge

RKM

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