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Sreejith Unnithan vs State Of Kerala on 19 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

TUESDAY, THE 19TH DAY OF FEBRUARY 2019 / 30TH MAGHA, 1940

Bail Appl..No. 993 of 2019

CRIME NO. 64/2019 OF NOORANADU POLICE STATION, ALAPPUZHA

PETITIONERS/ACCUSED NOS.1 TO 3:

1 SREEJITH UNNITHAN,
AGED 39 YEARS,
S/O BHARGAVAN UNNITHAN, SREE VILLA, ULAVAKKAD,
NOORANAD, ALAPPUZHA.

2 BHARGAVAN UNNITHAN,
AGED 64 YEARS,
S/O PADMANABHAN UNNITHAN, SREE VILLA, ULAVAKKAD,
NOORANAD, ALAPPUZHA,

3 THANKAMANI AMMA,
AGED 59 YEARS,
W/O BHARGAVAN UNNITHAN, SREE VILLA, ULAVAKKAD,
NOORANAD, ALAPPUZHA.

BY ADVS.
SRI.RASHEED C.NOORANAD
SMT.M.N.ANITHA

RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM 682 031.

SRI. T. R. RENJITH – PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.02.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 993 of 2019 2

ORDER

This application is filed under Section 438 of the Cr.P.C.

2. The applicants herein are the accused Nos. 1 to 3 in Crime

No.64 of 2019 registered at the Nooranad Police Station under

Sections 498A, 294(b), 323, 506(i) r/w Section 34 of the IPC.

3. The de facto complainant is the wife of the 1 st applicant

herein and applicants Nos. 2 and 3 are his parents. Their marriage

was solemnized on 18.03.2013 and they are blessed with a child.

According to the de facto complainant, after marriage, the applicants

subjected her to cruelty and harassment demanding dowry. It is

specifically alleged that on 24.12.2018 at 11 pm, the 1 st applicant

assaulted the de facto complainant demanding that she should assign

her property and hand over the proceeds to the applicants.

4. The learned counsel appearing for the applicants submitted

that the marriage still subsists and for trivial reasons, an attempt is

being made to destroy the relationship. He points out that though the

provisions were enacted to check and curb the menace of dowry, in
Bail Appl..No. 993 of 2019 3

the instant case, the provisions are being misused. The complaint has

been filed in the heat of the moment and, according to the learned

counsel, if the applicants are arrested and remanded, the chances of

settlement and reunion will be irrevocably ruined.

5. Heard the learned Public Prosecutor and I have gone

through the materials that have been made available. The allegations

now levelled does not appear to be grave warranting arrest and

detention of the applicants. I am of the considered view that the

custodial interrogation of the applicants is not necessary for an

effective investigation in the instant case.

In the result, this application will stand allowed. The applicants

shall appear before the investigating officer within ten days from today

and shall undergo interrogation. Thereafter, if they are proposed to be

arrested, they shall be released on bail on their executing a bond for a

sum of Rs.40,000/- (Rupees Forty thousand only) each with two

solvent sureties each for the like sum. However, the above order shall

be subject to the following conditions:

i) The applicants shall co-operate with the investigation and
the 1st applicant shall appear before the Investigating
Officer on every Saturdays between 10 A.M and 1 P.M. for a
period of two months or till final report is filed whichever is
earlier.

Bail Appl..No. 993 of 2019 4

ii) They shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him/her from
disclosing such facts to the court or to any police officer.

iii) They shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the application for

cancellation, if any, and pass appropriate orders in accordance with

the law.

Sd/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

IAP //TRUE COPY// P.A TO JUDGE

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