IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 31ST DAY OF OCTOBER 2019 / 9TH KARTHIKA, 1941
BAIL APPL.NO.3658 OF 2019
CRIME NO.349/2019 OF MUVATTUPUZHA POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED NO.1:
SHINOY, AGED 50/19,
S/O.CHACKO, ASARIKUDIYIL HOUSE, MARADY VILLAGE,
EAST MARADY KARA, MUVATTUPUZHA.
BY ADV. SRI.V.A.NAVAS
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
————————————-
B.A. No. 3658 of 2019
————————————-
Dated this the 31st day of October, 2019
ORDER
The petitioner herein has been arrayed as the accused
No.1 among the 4 accused in the instant Crime No.349/2019 of
Muvattupuzha Police Station, which has been registered for offences
punishable under Secs.498a, 354 34 of the SectionIPC, on the basis of
FIS given by the lady defacto complainant 8.2.2019 at 7.45 pm in
respect of the alleged incident which has happened on 7.2.2019 at
7 pm. The lady defacto complainant in this case is the wife of the
petitioner (A1). A2 to A4 are the sister’s husband, sister and mother
respectively of the petitioner (A1).
2. The prosecution case in short is that, the petitioner (A1)
aged 50 years has been married to the lady defacto complainant
aged 40 years for the last 23 years or so, and that with the unlawful
intention to coerce the lady defacto complainant and their children
to sell the property in the name of children to the person of the
choice of the petitioner and other accused, the accused persons on
7.2.2019 at 7 pm had assaulted the lady defacto complainant as she
refused the request, and A2 had torn her night, etc.
B.A. No. 3658 of 2019
..3..
3. It is now apprised to this Court that all the other accused
persons concerned (A2 to A4) have already been granted anticipatory
bail by the Sessions Court, Ernakulam.
4. 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 petitioner (A1) may not be
necessary or warranted for effectuating smooth and fair conduct of
investigation in the above crime. Accordingly it is ordered that, in
the event of the petitioner (A1) being arrested by police in
connection with the abovesaid crime, he shall be released on bail
on his executing bond for Rs.40,000/- and on his furnishing two
solvent sureties for the like sum, both to the satisfaction of the
Investigating Officer concerned.
5. Further it is also ordered that the grant of bail will be
subject to following conditions:-
i. The petitioner shall not involve in any criminal offences of
similar nature.
ii. The petitioner shall fully co-operate with the investigation.
iii. The petitioner shall report before the Investigating Officer as
and when required in that connection.
iv. The petitioner shall not influence witness or shall not tamper or
attempt to tamper evidence in any manner, whatsoever.
B.A. No. 3658 of 2019
..4..
If there is any violation of the abovesaid conditions by
the petitioner 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
