Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943 BAIL APPL. NO. 775 OF 2022 CRIME NO.18/2022 OF Nooranadu Police Station, Alappuzha PETITIONER/ACCUSED: 1 SURESH KUMAR AGED 39 YEARS SON OF MOHANA KURUP, KALEECKAL VEEDU, PATTOOR, 2 MOHANA KURUP AGED 63 YEARS SON OF RAGHAVA KURUP, KALEECKAL VEEDU, PATTOOR, 3 SANTHAMMA AGED 52 YEARS WIFE OF MOHANA KURUP, KALEECKAL VEEDU, PATTOOR, BY ADV R.PADMAKUMAR RESPONDENT/S: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV. SEETHA S,SR. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 775 OF 2022 2
ORDER
This is an application for anticipatory bail.
2. Petitioners are the accused in Crime No.18/2022 of Nooranadu police station, alleging commission of offence under Section 498A of the Indian Penal Code.
3. The 1st petitioner got married to the de facto complainant on 10.09.2009 and two children were born out of the wedlock. Petitioners 2
and 3 are the parents of the 1 st petitioner. Allegation against the petitioners is that the petitioners had harassed the de facto complainant mentally and physically, demanding dowry.
4. Learned counsel appearing for the petitioners would submit that the de facto complainant always used to pick issues with the petitioners and also with the grandmother of the 1 st petitioner. With
reference to Annexures 2 and 3, it is pointed out that earlier issues
between the petitioners and the de facto complainant were settled through mediation. Annexure 4 is referred to show that the de facto complainant had actually harassed the parents of the 1st petitioner. It is submitted that the grandmother of the 1st petitioner and petitioners 2 and 3 had together filed O.S. No.349/2021 before the Munsiff’s court, Mavelikara, seeking injunction against the de facto complainant and the 1st petitioner herein,
BAIL APPL. NO. 775 OF 2022 3 to enable their peaceful residence in the family house. It is submitted that Annexure 2 order of temporary injunction has been granted in the suit. It is submitted that the complaint which led to registration of Crime No.18/2022 of Nooranad police station was thereafter given raising false allegations.
5. I have 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 petitioners, I am of the opinion that anticipatory bail can be granted to the petitioners subject to strict conditions. In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in crime No.18/2022 of Nooranadu .police Station subject to the following conditions:-
(i) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;
(ii) Petitioners shall appear before the investigating officer in Crime No.18/2022 of Nooranadu Police station as and when summoned to do so;
(iii) The petitioners shall not attempt to contact the de facto complainant BAIL APPL. NO. 775 OF 2022 4
or interfere with the investigation or to influence or intimidate any witness in Crime No.18/2022 of Nooranadu police station; (iv)The 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.18/2022 of Nooranadu police station may file an application before the jurisdictional Court, for cancellation of bail. Sd/- GOPINATH P. JUDGE
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