Ambika vs State of Kerala

Type Court Judgment Court Kerala Decided Mar 16, 2022

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Citation: sooperkanoon.com/1442787
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Mar 16, 2022
Case Number: Bail Appl./371/2022

Parties & Advocates

Appellant / Petitioner

Ambika

Respondent

State of Kerala

Excerpt

.....bail.2. the petitioner is the 2nd accused in crime no.1619/2021 ofkadakkal police station, kollam district alleging commission of offences punishable under sections 498a of the indian penal code. the petitioner is the mother-in-law of the de facto complainant.3. the allegation against the petitioner is that after the marriage ofde facto complainant with the son of the petitioner, the petitioner along with the other accused have physically and mentally harassed the de facto complainant and thereby they committed the offences alleged against them.4. the learned counsel appearing for the petitioner would submitthat the petitioner is absolutely innocent in the matter. it is submitted that she has been falsely implicated in the crime in order to settle other matrimonial disputes. it is submitted that the petitioner had no occasion to harass the de facto complainant in any manner.5. heard the learned public prosecutor also.6. having regard to the facts and circumstances of the case andconsidering the nature of the allegations against the petitioner, i am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.7. in the result, this application is allowed. it is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in crime no.1619/2021 of kadakkal police station subject to the following b.a.no.371/2022 3 conditions:-(i) petitioner shall execute a separate bond for a sum of rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;(ii) petitioner shall appear before the investigating officer in crime no.1619/2021 of kadakkal police station as and when called upon to do so;(iii) petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in crime no.1619/2021 of kadakkal l police station;(iv) petitioner shall not involve in any other.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943 BAIL APPL. NO. 371 OF 2022 CRIME NO.1619/2021 OF KADAKKAL POLICE STATION PETITIONER/2ND ACCUSED: AMBIKA AGED 68 YEARS W/O.PRAKASH, THEMPAMVILA PUTHEN VEEDU, EAYAKKODU PULLUPARA P.O., KUMMIL VILLAGE, KADAKKAL, KOLLAM DISTRICT. BY ADV P.ANOOP (MULAVANA) RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031. 2 STATION HOUSE OFFICER KADAKKAL POLICE STATION, KOLLAM DISTRICT - 691 536. OTHER PRESENT: SRI. NOUSHAD K.A. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: B.A.No.371/2022 2

ORDER

This is an application for anticipatory bail.

2. The petitioner is the 2nd accused in Crime No.1619/2021 of

Kadakkal Police Station, Kollam District alleging commission of offences punishable under Sections 498A of the Indian Penal Code. The petitioner is the mother-in-law of the de facto complainant.

3. The allegation against the petitioner is that after the marriage of

de facto complainant with the son of the petitioner, the petitioner along with the other accused have physically and mentally harassed the de facto complainant and thereby they committed the offences alleged against them.

4. The learned counsel appearing for the petitioner would submit

that the petitioner is absolutely innocent in the matter. It is submitted that she has been falsely implicated in the crime in order to settle other matrimonial disputes. It is submitted that the petitioner had no occasion to harass the de facto complainant in any manner.

5. Heard the learned Public Prosecutor also.

6. Having regard to the facts and circumstances of the case and

considering the nature of the allegations against the petitioner, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.

7. In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No.1619/2021 of Kadakkal Police Station subject to the following B.A.No.371/2022 3 conditions:-

(i) Petitioner shall execute a separate bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No.1619/2021 of Kadakkal Police Station as and when called upon to do so;

(iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.1619/2021 of Kadakkal l Police Station;

(iv) Petitioner shall not involve in any other crime while on bail. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1619/2021 of Kadakkal Police Station may file an application before the jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE acd

Same Court & Year Kerala · 2022 Same Parties Ambika vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.