IN THE HIGH COURT OF KERALA AT ERNAKULAM
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,
2 BHARGAVAN UNNITHAN,
AGED 64 YEARS,
S/O PADMANABHAN UNNITHAN, SREE VILLA, ULAVAKKAD,
3 THANKAMANI AMMA,
AGED 59 YEARS,
W/O BHARGAVAN UNNITHAN, SREE VILLA, ULAVAKKAD,
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
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
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
RAJA VIJAYARAGHAVAN V.,
IAP //TRUE COPY// P.A TO JUDGE