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Sebastian 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. 2508 of 2018

CRIME NO. 264/2018 OF ALAPPUZHA NORTH POLICE STATION, Alappuzha

PETITIONER/ ACCUSED NOS. 1 TO 6:

1 SEBASTIAN,
AGED 42 YEARS,S/O.ANTONY, PUTHENPURAKKAL,
KANJIRAMCHIRA P.O., ALAPPUZHA.

2 ANI, AGED 41 YEARS, S/O.ANNAKKUTTY, PUTHENPURAKKAL,
KANJIRAMCHIRA P.O., ALAPPUZHA.

3 ANISH, AGED 21 YEARS, S/O.ANTONY, ARACKAL HOUSE,
KANJIRAMCHIRA, P.O.ALAPPUZHA.

4 JAYAN, AGED 39 YEARS, S/O.NARAYANAN, RAJ BHAVAN,
MANGALAM WARD, ALAPPUZHA.

5 AKSHAY,
AGED 19 YEARS, S/O.SEBASTIAN, PUTHENPURAKKAL,
KANJIRAMCHIRA P.O., ALAPPUZHA.

6 VIPIN,
AGED 21 YEARS, S/O.VINCENT, THAIPARAMBIL,
MANGALAM WARD, KANJIRAMCHIRA P.O., ALAPPUZHA.

BY ADVS.
SRI.GEORGE SEBASTIAN
SRI.JAYAN.C.DAS

RESPONDENT/ COMPLAINANT :

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

BY PUBLIC PROSECUTOR SMT.PUSHPALATHA M.K.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.10.2018, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No.2508 of 2018

2

ORDER

The petitioners herein are accused Nos.1 to 6 in Crime

No.264 of 2018 of Alappuzha North Police Station. The 5 th

petitioner is the son of the 1st petitioner. The 2nd petitioner is a

lady, who is residing along with the 1 st petitioner and his son. The

other petitioners are arrayed as accused alleging that they are the

friends of petitioners 1 and 5. The offences alleged are punishable

under Sections 143, 147, 149, 323, 324, 294(b), 509 and 354 of

the Indian Penal Code. The de facto complainant is the wife of the

1st petitioner. At present, she is residing separately along with her

two daughters.

2. The prosecution allegation is that when the de facto

complainant and her daughters went to the property owned by the

2nd petitioner herein, on 31.01.2018, at about 6.00 p.m., the 5 th

petitioner questioned the de facto complainant and at that time,

the 1st petitioner came there and beat the de facto complainant

with a stick and the 2 nd petitioner fisted her and beaten the de
B.A. No.2508 of 2018

3

facto complainant and her daughters, who tried to intervene.

Accordingly, Crime No.263/2018 was registered against the

petitioners. The 2nd petitioner herein is the de facto complainant

in the said crime and the de facto complainant in the instant

crime, her brother and daughters are the accused in the said

crime. Annexure B is the FIR in the said crime. It is brought out

by the petitioners’ counsel that the de facto complainant and the

1st petitioner are residing separately. Out of the three children,

the son is residing along with the 1st petitioner and two daughters

are residing along with the de facto complainant. It is also

brought out that various cases pending between them.

M.C.No.81/2009 under the provisions of the Protection of women

from Domestic Violence Act was pending before the Chief Judicial

Magistrate Court, Alappuzha. Likewise, C.C.No.211/2013 is

pending before the same court, which was initiated by the de facto

complainant. The major offence alleged against the petitioners is

under Section 354 I.P.C., which is a non-bailable offence.

3. The learned Public Prosecutor has seriously opposed

the application by stating that the allegations against the
B.A. No.2508 of 2018

4

petitioners are very serious. In fact, offence under Section 354

I.P.C.is alleged against the 1st petitioner alone.

Considering the fact that this is a matrimonial dispute

and moreover, there is a counter case, originated on the same

day, on the same set of cause of action, I find it is just and proper

to grant anticipatory bail, as sought for by the petitioners on the

following conditions :-

1. The petitioners shall surrender before the Station
House Officer, North Police Station, Alappuzha District on or before
30.11.2018 between 10.00.a.m. and 11.00.a.m. and after
interrogation, they shall be released on bail on executing a bond for
Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties
each for the like sum to the satisfaction of the Investigating Officer.

2. The petitioners shall not influence the witnesses or
tamper any evidence in this case.

3. The first petitioner shall appear before the
Investigating Officer, on every Mondays and Friday for three months
between 9.00.a.m. and 11.00.a.m. or filing of the charge sheet,
whichever is earlier. Other petitioners shall appear before the
Investigating Officer, as and when required.

4. The Petitioners shall not commit any such offences
during this period and also co-operate with the investigation of the
crime.

B.A. No.2508 of 2018

5

5. If the petitioners fail to comply with any of the
orders cited above, the bail, granted to them, by this court shall
stand cancelled.

Sd/-

ANNIE JOHN, JUDGE

True copy

PA to Judge

RKM

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