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Shijin.K.M vs State Of Kerala on 28 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 28TH DAY OF MAY 2019 / 7TH JYAISHTA, 1941

Bail Appl.No. 3209 of 2019

CRIME NO. 286/2019 OF CHOTTANIKKARA POLICE STATION ,
Ernakulam

PETITIONER/S:

1 SHIJIN.K.M, AGED 33 YEARS
RESIDING AT THGALAKKAM PARAMBIL, MAMALA.P.O,
THIRUVANKULAM, ERNAKULAM-682305

2 SHAGEELA.K.C@SHYLA, W/O.MANI, AGED 60 YEARS,
RESIDING AT THALAKKAM PARAMBIL, MAMALA.P.O,
THIRUVANKULAM, ERNAKULAM-682305

BY ADV. SRI.B.SAJEEV KUMAR

RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, KOCHI-682031.

2 THE SUB INSPECTOR OF POLICE,
CHOTTANIKKARA POLICE STATION,
CHOTTANIKKARA.P.O, KOCHI-682312.

3 NAYANA VISWAN, AGED 28 YEARS
W/O.SHIJIN K.M, RESIDING AT KULATHUNKAL HOUSE,
VETTIPARAMBU, NADACKAL.P.O, KOTTAYAM-686124.

OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.05.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
::2::
Bail Appl.No. 3209 of 2019

ALEXANDER THOMAS, J.
—————————–
B.A.No.3209 Of 2019
———————————
Dated this the 28th day of May, 2019.

ORDER

The petitioners herein are accused Nos.1 2 in Crime

No.286/2019 of Chottanikkara Police Station, which has been

registered for offences punishable under Secs.498A 506 of the

SectionI.P.C on the basis of FI statement/complaint of the lady defacto

complainant, who happens to be the wife of the 1 st petitioner (A1)

and daughter-in-law of the 2nd petitioner (A2). The brief of the

allegations in the above crime is that after the marriage of the

spouses, the wife started doubting the fidelity of the husband-A1

and quarrels were picked up frequently which spoiled the harmony

between them, etc.

2. After hearing both sides and after evaluating the facts

and circumstances of the case, this Court is of the view that

custodial interrogation of the petitioners are no longer necessary.

Accordingly, it is ordered that in the event of the petitioners being

arrested by the Police in connection with the abovesaid crime, then

they shall be released on bail on their separately executing bonds for

Rs.50,000/- (Rupees Fifty Thousand only) and on separately
::3::

Bail Appl.No. 3209 of 2019

furnishing two solvent sureties for the like sum each to the

satisfaction of the Investigating Officer concerned.

5. Further it is also ordered that it 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 stands allowed.

Sd/-

ALEXANDER THOMAS,
Judge.

bkn/-

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