IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY,THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940
Bail Appl..No. 1467 of 2019
CRIME NO. 2057/2018 OF Pooyapally Police Station , Kollam
AGED 34 YEARS
S/O.SUNDARESAN, THIRUVONAM, POOYAPPALLY P.O.,
KOTTARAKKARA, KOLLAM DISTRICT.
BY ADV. SRI.B.MOHANLAL
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM – 682 031.
2 THE STATION HOUSE OFFICER
POOYAPPALLY POLICE STATION, POOYAPPALLY P.O.,
KOLLAM DISTRICT – 691 303.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSEUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
06.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
B.A.No. 1467 of 2019
Dated this the 6th day of March, 2019
The petitioner has been inducted as accused No.1 in Anx. A1 FIS
in Crime No.2057/2018 in Pooyappallay Police Station, Kollam
District, for offence punishable under Sec. 498A read with Sec. 34 of
the I.P.C. The defacto complainant, Smt.S.Ajitha, who is the wife of
the petitioner, has filed Crl.M.P.No.1770/2018 before the Judicial
First Class Magistrate’s Court-II, Kottarakkara, against the petitioner
and his close relatives alleging that, after her marriage with the
petitioner/1st accused on 21.12.2016, the accused persons had taken
away the gold ornaments and money given to her by her parents and
harassed her by demanding more dowry, etc. The learned Magistrate
has forwarded the complaint the 2nd respondent for investigation
under Sec. 156(3) of the Cr.P.C. which led to the registration of the
2. It is stated that the defacto complainant has also filed Anx.A2
O.P(H.M.A.).No.664/2018 before the the Family Court,
Thiruvananthapuram, against the petitioner under Sec. 9 of the Hindu
Marriage Act, 1955 for restitution of the conjugal rights on 19.3.2018.
3. Going by the nature of the allegations made in the
impugned complaint, this Court is the considered view that the plea
B.A.1467/19 – : 3 :-
for pre-arrest bail could be considered in favour of the petitioner.
Accordingly, it is ordered that in the event of the petitioner being
arrested by the Police in connection with the abovesaid crime, then he
shall be released on bail on his executing bond for Rs.40,000/- and
on furnishing two solvent sureties for the like sum each to the
satisfaction of the Investigating Officer concerned.
Further it is also ordered that it will be subject to following
(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 witnesses 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 will stand hereby
empowered to consider the plea for cancellation of bail at the
With these observations and directions, the above Bail
Application will stand disposed of.
sdk+ ALEXANDER THOMAS, JUDGE
B.A.1467/19 – : 4 :-
B.A.1467/19 – : 5 :-