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Sreejith vs State Of Kerala on 12 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 12TH DAY OF NOVEMBER 2019 / 21ST KARTHIKA, 1941

Bail Appl..No.7684 OF 2019

CRIME NO.461/2019 OF Valappad Police Station , Thrissur

PETITIONERS/ACCUSED:

1 SREEJITH
AGED 31 YEARS
S/O. SREEDHARAN NAIR, CHEMBAKASSERY VEEDU,
KONJARAKKODE P. O., WADAKKANCHERY, THRISSUR DISTRICT.

2 SHYAMALA
AGED 55 YEARS
W/O. SREEDHARAN NAIR, CHEMBAKASSERY VEEDU,
KONJARAKKODE P. O., WADAKKANCHERY, THRISSUR DISTRICT.

BY ADVS.
SRI.LATHEESH SEBASTIAN
SMT.SHAILA RANI S.B.

RESPONDENTS/STATE COMPLAINANT :

1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM – 682 031.

2 STATION HOUSE OFFICER
VALAPPAD POLICE STATION, THRISSUR DISTRICT – 680567.

OTHER PRESENT:

SRI.AMJAD ALI, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.7684 OF 2019 2

ALEXANDER THOMAS, J.
—————————————–
B.A. No. 7684 of 2019
—————————————–
Dated this the 12th day of November, 2019

ORDER

The petitioners herein have been arrayed as the accused Nos. 1 and 2

among the 2 accused in the instant Crime No. 461/2019 of Valappad Police

Station, Thrissur District which has been registered for the offences

punishable under Secs. 498A, 324 and 342 of the SectionIPC. The said crime has

been registered pursuant to the private criminal complaint filed by the lady

defacto complainant in this case in which the learned Magistrate has

directed the Police to register a crime and conduct the investigation. The

lady defacto complainant in this case is the wife of the 1 st petitioner (A1).

The 2nd petitioner (A2) is the mother of the 1st petitioner (A1).

2. The prosecution case in short is that after the marriage of the

abovesaid spouses, the petitioners had treated the lady defacto

complainant with cruelty and harassment and that they used to frequently

complain that the gold ornaments brought by her is less and that based on

the intervention of A2, A1 had wrongfully restrained the lady defacto

complainant by locking her in a room on several occasions and had

assaulted her and thereby the petitioners have committed the abovesaid

offences.

3. After hearing both sides and after careful evaluation of the facts
Bail Appl..No.7684 OF 2019 3

and circumstances of this case, this Court is inclined to take the view that

the custodial interrogation of the petitioners may not be necessary for the

smooth and effective conduct of the investigation of this crime.

4. Accordingly, it is ordered that in the event of the petitioners

being arrested by police in connection with the abovesaid crime, they shall

be released on bail on their separately executing bonds for Rs.40,000/-

(Rupees Forty Thousand only) each and on separately furnishing two

solvent sureties for the likesum, both to the satisfaction of the Investigating

Officer concerned.

5. Further it is ordered that it will be subject to following

conditions:-

(1) The petitioners shall not involve in any criminal offences of
similar nature.

(2) The petitioners shall fully co-operate with the investigation.
(3) The petitioners shall report before the Investigating Officer as
and when required in that connection.

(4) The petitioners shall not influence witness or shall not tamper or
attempt to tamper evidence in any manner, whatsoever.
(5) 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
appropriate time.

With these observations and directions, the above Bail Application

will stand disposed of. Sd/-

ALEXANDER THOMAS,
JUDGE
SKS

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