IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 22ND DAY OF NOVEMBER 2019 / 1ST AGRAHAYANA, 1941
Bail Appl..No.8113 OF 2019
CRIME NO.291/2019 OF CHOMBALA POLICE STATION , Kozhikode
PETITIONERS/ACCUSED 1 AND 2:
1 SREEJESH P.V.,
AGED 26 YEARS
S/O.VIJAYAN P.R., PLAVALAPPIL HOUSE, THONOORKARA,
CHELAKKARA, THRISSUR DISTRICT.
2 SREEMATHI VIJAYAN,
AGED 48 YEARS
W/O.VIJAYAN P.R., PLAVALAPPIL HOUSE, THONOORKARA
P.O., CHELAKKARA, THRISSUR DISTRICT.
RESPONDENTS/STATE/DE FACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM – 682 031.
2 SWETHA SABU C.K.,
D/O.BABU C.K., CHEERU (H), THAZHETHOTTATHIL,
CHOMBALA POST, AZHIYUR, VATAKARA, KOZHIKODE
DISTRICT – 673 308.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
B.A.No.8113 of 2019
Dated this the 22nd day of November, 2019
The petitioners herein have been arrayed as accused Nos.1 and 2
among the two accused in the instant Crime No.291/2019 of Chombala
Police Station, Kozhikode, which has been registered for offences
punishable under Sections 323, Section324, Section498A and Section34 of the IPC. The said
crime has been registered pursuant to the private criminal complaint
filed by the lady de facto complainant in respect of the alleged incident
which happened for the period from 19.6.2015 to 31.5.2019. The lady
de facto complainant in this case is the wife of the 1 st petitioner (A1).
The 2nd petitioner (A2) is the mother of the 1st petitioner.
2. The brief of the prosecution case is that, after the marriage
of the above said spouses, the petitioners have consistently treated the
lady de facto complainant with cruelty and harassment and that they
had misappropriated her gold ornaments and that they had demanded
her to bring more gold ornaments and money and that the 1 st petitioner
had assaulted her using hands and chappathi stick and that they had
unlawfully misappropriated her gold ornaments, which have given to
her by her parents at the time of her marriage and thereby, they have
committed the above said offences.
3. After hearing both sides and after careful evaluation of the
facts and circumstances of the case, this Court is inclined to take the
view that the custodial interrogation of the petitioners is not necessary
for effectuating smooth and fairt conduct of the investigation in this
4. Accordingly, it is ordered that in the event of the
petitioners being arrested by the Police in connection with the
abovesaid crime, they shall be released on bail on their separately
executing bond for Rs.40,000/- (Rupees Forty Thousand only) each
and on their separately furnishing two solvent sureties each for the
like sum both to the satisfaction of the Investigating Officer
5. Further it is also ordered that it will be subject to
(i) The petitioners shall not involve in any criminal
offences of similar nature.
(ii) The petitioners shall fully co-operate with the
(iii) The petitioners shall report before the
Investigating Officer as and when required in
(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 will stand hereby
empowered to consider the plea for cancellation of bail at the
With these observations and directions, the above Bail
Application stands disposed of.
ALEXANDER THOMAS, JUDGE.