Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE2D DAY OF APRIL201412TH CHAITHRA, 1936 Bail Appl..No. 2283 of 2014 (A) ------------------------------- AGAINST THE ORDER
IN CRMP5242014 of SESSIONS COURT, ALAPPUZHA DATED2003-2014 CRIME NO. 223/2014 OF ALAPPUZHA SOUTH POLICE STATION , ALAPPUZHA ACCUSED(S)/PETITIONER/ACCUSED1TO4 ------------------------------------------------------------------------ 1. VINAYAKUMAR AGED36YEARS S/O.A.K.SELAN, VINOD NIVAS, KAKKANTE MURI KAITHAVANA, SANATHANAPURAM P.O., ALAPPUZHA DISTRICT.
2. SARASWATHY AMMA, AGED70YEARS W/O..A.K.SELAN, VINOD NIVAS, KAKKANTE MURI KAITHAVANA, SANATHANAPURAM P.O., ALAPPUZHA DISTRICT..
3. A.K.SELAN, AGED82YEARS VINOD NIVAS, KAKKANTE MURI, KAITHAVANA SANATHANAPURAM P.O., ALAPPUZHA DISTRICT..
4. VIJUKUMAR, AGED42YEARS S/O.A.K.SELAN, KOLLAVEDU, PUNNAPRA P.O. PARAVOOR, ALAPPUZHA DISTRICT. BY ADV. SRI.G.PRIYADARSAN THAMPI COMPLAINANT(S)/RESPONDENT/COMPLAINANT: ---------------------------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0204-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ N.K. BALAKRISHNAN, J.
------------------------------------------ B.A. No. 2283 of 2014 (A) ------------------------------------------ Dated this the 2nd day of April, 2014 ORDER
Petitioners are accused in Crime No.223/2014 of Alappuzha South Police Station, Alappuzha District. The offence alleged is under section 498A r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. The 1st accused is the husband of the defacto complainant. Their marriage was solemnized on 19.11.2006, in which a female child was born to them. It is alleged that the petitioners subjected the defacto complainant to physical and mental cruelty demanding more dowry.
3. The allegations are not true, the learned counsel for the petitioners submits. B.A. No. 2283/2014 (A) -2- 4. Considering all the aspects the following directions are issued: The petitioners shall surrender before the Investigating Officer within ten days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioners but on the following conditions: a. The petitioners shall execute a bond for Rs.25,000/- (Rupees Twenty Five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. B.A. No. 2283/2014 (A) -3- b. The petitioners shall make themselves available for interrogation by the Investigating Officer and the 1st petitioner shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders. c. The petitioners shall surrender their original passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate. d. The petitioners will also file an affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the B.A. No. 2283/2014 (A) -4- court or to any police officer or tamper with the evidence. e. The petitioners shall not leave India without the prior permission of the learned Magistrate. f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/- N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj