Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE5H DAY OF FEBRUARY201416TH MAGHA, 1935 Bail Appl..No. 757 of 2014 () ------------------------------ CRIME NO. 47/2014 OF ARTHINGAL POLICE STATION , ALAPPUZHA PETITIONERS: ----------- 1. STEPHAN, AGED28YEARS S/O. SEBASTIAN, ARAKKAL HOUSE, ARTHINKAL P.O. CHERTHALA.
2. JAINAMMA, AGED47YEARS W/O. SEBASTIAN, ARAKKAL HOUSE, ARTHINKAL P.O. CHERTHALA. BY ADVS.SRI.DARSAN SOMANATH SRI.P.S.ANAGHAN RESPONDENT: ---------- THE STATE OF KERALA REPRESENTED THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0502-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: smv THOMAS P. JOSEPH, J.
========================= Bail Application No. 757 of 2014 ============================ Dated this the 5th February, 2014 ORDER
Petitioners are accused 1 and 2 in Crime No. 47 of 2014 of the Arthinkal police station for the offence punishable under Sec.498A r/w. Sec. 34 of the Penal Code, apprehend arrest and have filed this application.
2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioners subjected the de facto complainant to cruelty demanding more ornaments.
3. Learned counsel submits that the allegations are not true.
4. Having regard to the circumstances, I am inclined to think that custodial interrogation of the petitioners is not required. Hence I am inclined to grant relief. Application is disposed of as under: I) 1) First petitioner shall surrender before the officer B.A No. 757 of 2014 2 investigating Crime No. 47 of 2014 of the Arthinkal police station on 12.02.2014 at 10:00 a.m. for interrogation. 2) In case interrogation is not completed that day, the said officer can direct the first petitioner to appear before him on any other date/dates and time which he shall comply. 3) In case the first petitioner is arrested, he shall be released by the arresting officer on bail, if not required to be detained otherwise on his executing bond for 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) One of the sureties shall be a close relative of the first petitioner. b) First petitioner shall report to the investigating officer as and when required for interrogation. c) First petitioner shall not intimidate/influence the witnesses. d) First petitioner shall not, during the period of this bail get involved in any similar offence. II. It is directed that in case second petitioner is arrested in Crime No. 47 of 2014 of the Arthinkal police station she shall be released by the arresting B.A No. 757 of 2014 3 officer on her executing bond for 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) One of the sureties shall be a close relative of the second petitioner. b) Second petitioner shall report to the investigating officer as and when required for interrogation at all reasonable time and place. c) Second petitioner shall not intimidate/influence the witnesses. d) Second petitioner shall not, during the period of this bail get involved in any similar offence. III) In case of violation of any of conditions Nos. (b) to (d), it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate as held in P.K. Shaji V. State of Kerala (AIR2006 Supreme Court 100). Sd/- THOMAS P.JOSEPH, JUDGE //true copy// P.A. to Judge Smv