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Judgments of Supreme Court of India and High Courts

Sreejesh P.V vs State Of Kerala on 22 November, 2019

B.A.No.8113/2019 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

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.

BY ADVS.
SRI.P.T.SHEEJISH
SMT.K.K.NESNA

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.

OTHER PRESENT:

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:
B.A.No.8113/2019 2

ALEXANDER THOMAS, J.
——————————————-
B.A.No.8113 of 2019
———————————————-
Dated this the 22nd day of November, 2019

ORDER

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.

B.A.No.8113/2019 3

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

crime.

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

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 will stand hereby
B.A.No.8113/2019 4

empowered to consider the plea for cancellation of bail at the

appropriate time.

With these observations and directions, the above Bail

Application stands disposed of.

sd/-

ALEXANDER THOMAS, JUDGE.

acd

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