Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 29TH DAY OF JANUARY 2013 9TH MAGHA 193 Bail Appl..No. 475 of 2013 () ------------------------------------------ CRIME NO. 12/2013 OF PERINGOME POLICE STATION , KANNUR DISTRICT. ......... PETITIMONER(S)/ACCUSED 1 TO 3.-------------------------------------------------- 1. SINOSH, AGED 2 YEARS S/O.RANI,CHEERASSERI HOUSE,BEYPORE P.O. KOZHIKODE TALUK,KOZHIKODE DISTRICT.
2. BHASI, AGED 5 YEARS S/O.PURUSHAN,CHEERASSERI HOUSE,BEYPORE P.O. KOZHIKODE TALUK,KOZHIKODE DISTRICT.
3. RANI, AGED 4 YEARS W/O.BHASI,CHEERASSERI HOUSE,BEYPORE P.O. KOZHIKODE TALUK,KOZHIKODE DISTRICT. BY ADV. SRI.T.N.SURESH RESPONDENT(S)/COMPLAINANT: ------------------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J.
--------------------------------------------- B.A. No.475 of 2013 --------------------------------------------- Dated this the 29th day of January, 2013 ORDER In short lived marriage, the husband along with his parents were drawn to the court by none other than the wife of the first petitioner on the allegation that they have committed the offences punishable under Section 498A r/w 34 of IPC.
2. The petitioners would say that they are innocent and have been falsely implicated with ulterior motive and that they have not committed any act to constitute an offence.
3. Learned Public Prosecutor opposed the petition pointing out that the investigation has just commenced.
4. After having heard the learned counsel for the petitioners and the learned Public Prosecutor and after having perused the records and since the issue involved a matrimonial dispute and also re-union and reconciliation cannot be ruled out, it is felt that this is a fit case where the extraordinary jurisdiction under Section 438 of Cr.P.C. needs to be exercised in favour of the petitioners. The petition is allowed as follows: i. The petitioners shall surrender before the Investigating Officer on or before 5.2.2013, who after interrogation shall produce them before the Judicial First Class Magistrate's B.A.No.475/2013 :2: court concerned, which court on application being moved by the petitioners shall release them on bail on each of them executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two solvent sureties each for the like sum each to the satisfaction of the said court. ii. The learned Magistrate shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail. iii. The petitioners shall report before the Investigating Officer on every Wednesday between 9 a.m. and 10 a.m. iv. The petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses. v. If any of the conditions is violated, the bail granted shall stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law. P.BHAVADASAN, Judge. okb.