IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941
Bail Appl..No.9362 OF 2019
CRIME NO.2894/2019 OF Chengannur Police Station , Alappuzha
PETITIONERS/ACCUSED:
1 SUJITH SURENDRAN
AGED 34 YEARS
S/O. E R SUNDARAN PILLAI, EDAYANATHIL HOUSE PRAYAR,
PANDANAD NORTH P.O., KALLISERY 689 124.
2 OMANA,
AGED 63 YEARS
W/O. E R SUNDARAN PILLAI, EDAYANATHIL HOUSE, PRAYAR,
PANDANAD NORTH P.O. KALLISERY 689 124.
BY ADVS.
SRI.JIKKU SEBAN GEORGE
SRI.G.GOPAKUMAR (CHERTHALA)
SRI.ARUN AJAY SHANKAR
SMT.DEEPTI SUSAN GEORGE
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY STATION HOUSE OFFICER,
CHENGANNUR POLICE STATION, ALAPPUZHA,
(THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM).
SRI.AMJED ALI – SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
14.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.9362 OF 2019
2
Bail Application No.9362 of 2019
———————————————-
ORDER
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure.
2. The petitioners are accused in Crime No.2894 of 2019 of
Chengannur Police Station registered under Section 323, 341 and 498A
read with Section 34 of the Indian Penal Code. The defacto
complainant is the wife of the first petitioner and the second petitioner
is the mother of the first petitioner. The accusation in essence is that
the accused have subjected the defacto complainant to cruelty when
they were residing together.
3. Heard the learned counsel for the petitioners as also
the learned Public Prosecutor.
4. Having regard to the totality of the facts and
circumstances of the case and having regard to the decision of the
Apex Court in Siddharam Satlingappa Mhetre v. State of
Maharashtra, AIR 2011 SC 312, I am inclined to grant anticipatory
bail to the petitioners on the following conditions:
i) The petitioners shall make themselves available for
interrogation before the Investigating Officer within ten
Bail Appl..No.9362 OF 2019
3
days from today. They shall also make themselves
available for interrogation before the Investigating Officer
as and when directed by the Investigating Officer in writing
to do so;
ii) If the petitioners are arrested prior to, or after their
appearance before the Investigating Officer in terms of this
order, they shall be released from custody on execution of
bond for Rs.25,000/- each with two sureties each for the
like sum.
(iii) The petitioners shall not influence or intimidate the
prosecution witnesses nor shall they attempt to tamper
with the evidence of the prosecution.
iv) The petitioners shall not involve in any other offence
while on bail.
Sd/-
P.B.SURESH KUMAR, JUDGE.
PV
