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Vivek Venugopal vs State Of Kerala on 7 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 07TH DAY OF JANUARY 2019 / 17TH POUSHA, 1940

Bail Appl..No. 8577 of 2018

CRIME NO.434/2018 OF KONDOTTY POLICE STATION, MALAPPURAM DISTRICT

PETITIONERS/ACCUSED:

1 VIVEK VENUGOPAL, AGED 36 YEARS,
S/O.VENUGOPAL, UPASANA VEETTIL,
KUTTOOR VILLAGE DESAM, P.O.KUTTOOR,
THRISSUR TALUK, THRISSUR DISTRICT-680013

2 VIJAYALAKSHMI, AGED 65 YEARS,
W/O.VENUGOPAL, UPASANA VEETTIL,
KUTTOOR VILLAGE DESAM, P.O.KUTTOOR,
THRISSUR TALUK, THRISSUR DISTRICT-680013

3 VINITHA, AGED 28 YEARS,
D/O.VENUGOPAL, UPASANA VEETTIL,
KUTTOOR VILLAGE DESAM, P.O.KUTTOOR,
THRISSUR TALUK, THRISSUR DISTRICT-680013

BY ADV. SRI.RAJIT

RESPONDENT/S:

STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM

OTHER PRESENT:
SRI. B. JAYASURYA PP.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.01.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA:8577/18 2

ORDER

This application is filed under Section 438 of the Cr.P.C.

2. The 1st applicant herein is the son of 2nd applicant and the

3rd applicant is his sister. They find themselves arrayed as accused

in Crime No.434 of 2018 registered at the Kondotty Police Station

under Sections 406 and 498A r/w. Section 34 of the IPC. The de

facto complainant in the aforesaid Crime is the wife of the 1 st

applicant herein.

3. In her complaint, the de facto complainant alleges that

her marriage with the 1st applicant was solemnized on 29.03.2017

and a child was born to them. She specifically alleges gross

harassment and ill-treatment on the part of the applicants with a

view to coerce her to bring more dowry.

4. The learned counsel appearing for the applicants

submitted that the 1st applicant herein has already approached the

Family Court seeking divorce and his wife has filed an application

seeking maintenance. It is during the pendency of these petitions

that the allegations of matrimonial cruelty were raised. According to

the learned counsel, the marriage still subsists and he prays that the
BA:8577/18 3

applicants be spared from the rigours of custodial interrogation.

5. Heard the learned Public Prosecutor and I have gone

through the materials which are made available. The allegations now

levelled do not appear to be grave warranting arrest and detention

of the applicants, who are the husband and in-laws of the de facto

complainant. I am of the considered view that the custodial

interrogation of the applicants are not necessary for an effective

investigation in the instant case.

In the result, this application will stand allowed. The applicants

shall appear before the investigating officer within ten days from

today and shall undergo interrogation. Thereafter, if they are

proposed to be arrested, they shall be released on bail on their

executing a bond for Rs.40,000/- (Rupees Forty thousand only) each

with two solvent sureties each for the like sum. However, the above

order shall be subject to the following conditions:

i) The applicants shall co-operate with the investigation
and the 1st applicant shall appear before the Investigating
Officer on every Saturdays between 10 A.M and 1 P.M. for
a period of one month or till final report is filed whichever
is earlier. The applicant Nos.2 and 3 shall appear as and
when they are called upon to do so.

ii) They shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
BA:8577/18 4

with the facts of the case so as to dissuade him/her from
disclosing such facts to the court or to any police officer.

iii) They shall not commit any similar offence while they
are on bail.

In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the application
for cancellation, if any, and pass appropriate orders in accordance
with the law.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
krj

//TRUE COPY// P.A. TO JUDGE

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