IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
WEDNESDAY,THE 21ST DAY OF NOVEMBER 2018 / 30TH KARTHIKA, 1940
Bail Appl..No. 7657 of 2018
CRIME NO. 749/2018 OF MATHILAKOM POLICE STATION , THRISSUR
PETITIONERS/ACCUSED:
1 VINESH,
AGED 35, S/O.VIJAYAN, THANDAYAMPARAMBIL HOUSE,
PAPPINIVATTOM, KAZHUVILANGU, MATHILAKAM, THRISSUR
DISTRICT.
2 USHA,
AGED 62, W/O.VIJAYAN, THANDAYAMPARAMBIL HOUSE,
PAPPINIVATTOM, KAZHUVILANGU, MATHILAKAM, THRISSUR
DISTRICT.
BY ADVS.
SRI.SAIJO HASSAN
SRI.RAFEEK. V.K.
SRI.U.M.HASSAN
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
SRI. D CHANDRASENAN, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.11.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A. No. 7657/2018 -2-
ORDER
The petitioners are the accused in Crime No. 749 of 2018 of
Mathilakam Police Station for an offence punishable under Section 498A
IPC r/w Section 34 IPC. The crime was registered on the basis of the
statement given by the de facto complainant. The allegation against the
petitioners is that the de facto complainant, who is the wife of the first
petitioner, has been ill treated by the petitioners. The second petitioner
is the mother-in-law of the de facto complainant.
2. The learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in the
case. It is also submitted that the first petitioner has filed Annexure 1
complaint before the Mathilakam Police Station stating that his identity
cards and other valuable cards, including his passport has been taken
away by the de facto complainant.
3. I have heard the learned Public Prosecutor and perused the CD
file. The wound certificate shows that the de facto complainant has
sustained minor injuries only. Moreover, the case is an outcome of the
matrimonial dispute. Eventhough the reunion of the parties cannot be
ruled out, in order to settle the matrimonial dispute, I find that it is just
and proper to grant anticipatory bail to the petitioners.
In the result, this application is allowed and the SHO,
B.A. No. 7657/2018 -3-
Mathilakam Police Station, Thrissur is directed to enlarge the
petitioners on bail in the event of their arrest on execution of a bond
for Rs.50,000/- (Rupees fifty thousand only) each with two solvent
sureties each for the like sum to the satisfaction of the Investigating
Officer.
sd/-
ANNIE JOHN,
JUDGE.
Rv