Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE31T DAY OF OCTOBER20139TH KARTHIKA, 1935 Bail Appl..No. 5333 of 2013 () ------------------------------- CRIME NO. 546/2013 OF KODUMON POLICE STATION , PATHANAMTITTA ACCUSED(S)/PETITIONERS: --------------------------------- 1. SURAJ K., AGED30YEARS (A1) S/O.KUNJUPILLA, UDAYAN MURUPPEL, THATTAYIL PO MALLIKA, PANDALAM, THEKKEKARA PATHANAMTHITTA DISTRICT691525.
2. PODIPPENNU AGED50YEARS (A2), W/O.KUNJUPILLA, UDAYAN MURUPPEL THATTAYIL PO, MALLIKA, PANDALAM THEKKEKARA, PATHANAMTHITTA DISTRICT691525. BY ADVS.SRI.T.K.VIPINDAS SMT.P.K.PRIYA RESPONDENT/STATE: ------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.H.O. KODUMON POLICE STATION, PATHANAMTHITTA DISTRICT. BY PUBLIC PROSECUTOR SMT.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON3110-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dlk THOMAS P. JOSEPH, J --------------------------------------- B.A.No.5333 of 2013 ---------------------------------------- Dated this the 31th day of October, 2013 ORDER
Petitioners are accused 1 and 2, in Crime No.546 of 2013 of the Kodumon Police Station for the offences punishable under Sections 323, 506(ii) and 498(A) r/w Section 34 of the Indian Penal Code, apprehend arrest and seek pre-arrest bail.
2. Learned Public Prosecutor submitted that on 23- 06-2013 the first petitioner/husband threatened the defacto complainant with chopper. There was also a demand for dowry.
3. Learned counsel submits that the first petitioner has an invalid sister who is under his care and custody but the defacto complainant wanted to stay with the first petitioner in a rented house which the first petitioner could not oblige.
5. Having regard to the nature of the allegations, I am not inclined to grant relief to the petitioners but subject to conditions. Resultantly, this application is disposed of as under: (I) It is directed that in case the second petitioner is arrested in Crime No.546 of 2013 of the Kodumon Police Station, she shall be released on bail on her executing bond of B.A.No.5333 of 2013 2 Rs.15,000/- (Rupees fifteen thousand only) with two sureties for the like sum each before the arresting officer and subject to the following conditions: a) Second petitioner shall report to the officer investigating the case as and when required for interrogation at all reasonable time and place. b) Second petitioner shall not intimidate/influence the witnesses. (II) First petitioner/first accused is directed to surrender before the officer investigating Crime No.546 of 2013 of the Kodumon Police Station on 06-11-2013 at 10 a.m for interrogation. a) If interrogation of the first petitioner is not completed that day, he shall appear before the officer investigating the case on the day/days and time as directed by him which the petitioner shall comply. b) First petitioner shall co-operate with the investigating of the case. c) In case arrest of the first petitioner is recorded, he shall be produced before the jurisdictional magistrate on the same day. d) On such production the first petitioner shall be B.A.No.5333 of 2013 3 released, if not required to be detained otherwise, on his executing bond of Rs.15,000/- (Rupees fifteen thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: i) First Petitioner shall report to the officer investigating the case on every alternate Saturday between 10 a.m and 12 p.m for a period of two months or until filing of the final report, whichever is earlier. ii) First Petitioner shall report to the officer investigating the case as and when required for interrogation. iii) First Petitioner shall not, during the period of this bail get involved in any offence. iv) First Petitioner shall not intimidate/influence the witnesses. III) In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the learned magistrate as held in P.K.Shaji Vs. State of Kerala (AIR 2006 SC100. THOMAS P. JOSEPH, JUDGE AS