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Sudarshini vs State Of Kerala on 7 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY ,THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA,
1940

Bail Appl..No. 507 of 2019

CRIME NO.25/2019 OF Karunagapally Police Station, Kollam

PETITIONER/S:

SUDARSHINI
AGED 68 YEARS
W/O. SIVADASAN,
RATHEESH BHAVANAM, PATTAZHY THEKKE CHERY,
PATHANAPURAM, KOLLAM DISTRICT.

BY ADV. SRI.K.V.ANIL KUMAR

RESPONDENT/S:

STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031

OTHER PRESENT:
PP SAIJI JACOB PALATTY

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.03.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
::2::
Bail Appl.No.507 of 2019

ALEXANDER THOMAS, J.
—————————–
B.A.No.507 Of 2019
———————————
Dated this the 7th day of March, 2019.

ORDER

The petitioner is the accused No.2 in Crime No.25/2019 of

Karunagappally Police Station which has been registered for offences

punishable under Secs.452, 323, 326, 294(b), 498A and 34 IPC. Anx-

A is the FIR in the said crime.

2. The brief of the prosecution allegation is that the defacto

complainant, who is the wife of the 1 st accused and the daughter-in-

law of the petitioner (A-2) frequently subjected to cruelty and

harassment, etc. To a specific query as to whether the allegations

pertains to Sec.326 I.P.C., are attributable to accused No.2, the

learned Public Prosecutor submits on the basis of instructions that

the said allegations under Sec.326 I.P.C., are attracted only against

accused No.1, who is the husband of the defacto complainant and son

of the petitioner (A-2).

3. Taking note of the facts and circumstances disclosed in

this case, more particularly, the nature of the allegations raised in

this case, this Court is inclined to consider the plea for anticipatory

bail. Accordingly, it is ordered that in the event of the petitioner

being arrested by the Police in connection with the abovesaid crime,
::3::

Bail Appl.No.507 of 2019

she shall be released on bail on her executing a bond for Rs.40,000/-

(Rupees Fourty Thousand only) and on furnishing two solvent

sureties for the like sum each to the satisfaction of the Investigating

Officer concerned.

4. Further it is also ordered that it will be subject to

following conditions:-

(i) The petitioner shall not involve in any criminal
offences of similar nature.

(ii) The petitioner shall fully co-operate with the
investigation.

(iii) The petitioner shall report before the Investigating
Officer as and when required in that connection.

(iv) The petitioner 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

petitioner, then the jurisdictional court concerned stand hereby

empowered, to consider the plea for cancellation of bail at the

appropriate time.

With these observations and directions, the above Bail

Application stands allowed.

Sd/-

ALEXANDER THOMAS,
Judge.

Bkn/-

::4::

Bail Appl.No.507 of 2019

APPEXDIX

PETITIONER’S EXHIBITS:

EXT.P-1: FIR IN CRIME NO.25/2019 OF KARUNAGAPPALLY
POLICE STATION.

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