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Abin Eldhose vs the State of Kerala

Abin Eldhose vs The State of Kerala

Type Court Judgment Court Kerala Decided Jul 29, 2022
~3 min read
https://sooperkanoon.com/case/1500204

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Bail Appl./6825/2021

Parties & Advocates

Appellant / Petitioner

Abin Eldhose

Respondent

The State of Kerala

Excerpt

.....petitioners are the accused in crime no.854/2021, of the kuruppampady police station, ernakulam, alleging offences under section 498a of the indian penal code, 1860.3. the prosecution case is that the 1st petitioner, who is thehusband of the de-facto complainant and other accused harassed the defacto complainant mentally and physically demanding dowry and thus, committed the offence alleged against him.4. the learned counsel appearing for the petitioners submitted that petitioners are innocent of the allegation and that they are falsely implicated in the crime for justifying a matrimonial dispute.5. i have heard the learned public prosecutor also.6. having regard to the facts and circumstances of the caseand considering the nature of the allegations against the petitioners, i am of the opinion that the petitioners can be granted anticipatory bail subject to conditions.7. in the result, this application is allowed. it is directedthat the petitioners shall be released on anticipatory bail, in the event of arrest in crime no.854/2021 of kuruppampady police station, ernakulam, subject to the following conditions:(a) in the event of arrest of the petitioners, they shall be released on bail on them executing a bond for rs.50,000/- (rupees fifty thousand only) each with two solvent sureties each for the like sum.(b) petitioners shall appear before the investigating officer as and when required and shall also co-operate with the investigation.(c) petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.(d) petitioners shall not commit any similar offence while they are on bail.(e) petitioners shall not leave india without the permission of the court having jurisdiction.8. in case of violation of any of the above conditions, thejurisdictional court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 29TH DAY OF JULY 2022 / 7TH SRAVANA, 1944 CRIME NO.854/2021 OF Kuruppampady Police Station, Ernakulam

PETITIONERS/ACCUSED NOS. 1 TO 5: 1 ABIN ELDHOSE AGED 32 YEARS S/O.ELDHOSE, KARIPPAKKADAN HOUSE, PAYYAL, ASAMANNOOR, 2 ELDHOSE K.O., AGED 62 YEARS S/O.OUSEPH, KARIPPAKKADAN HOUSE, PAYYAL, ASAMANNOOR, 3 MARY, AGED 59 YEARS W/O.ELDHOSE, KARIPPAKKADAN HOUSE, PAYYAL, ASAMANNOOR, 4 AJITH, AGED 27 YEARS S/O.ELDHOSE, KARIPPAKKADAN HOUSE, PAYYAL, ASAMANNOOR,

5 ANJU, AGED 30 YEARS D/O.ELDHOSE, KARIPPAKKADAN HOUSE, PAYYAL, ASAMANNOOR, ERNAKULAM DISTRICT-689543, ACTUALLY RESIDING AT W/O.BINU MATHEW, KAKKADAN HOUSE, MALAYIDAMTHURUTHU P.O., ERNAKULAM-682031. BY ADV C.P.PEETHAMBARAN RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, (REPRESENTING STATION HOUSE OFFICER, KURUPPANPADY POLICE STATION, ERNAKULAM RURAL, ERNAKULAM DISTRICT). 2 ADDL.R2.BIMIYA MATHAI, AGED 28 YEARS D/O MATHAI, THOKKANAL HOUSE, NEDUNGAPARA P.O, PAYYAL ERNAKULAM DISTRICT PIN 683565 IS IMPLEADED AS ADDL.R2 AS PER ORDER DATED 29/07/2022 IN CRL.M.A.NO.1/2021. BY ADVS. BASIL CHANDY VAVACHAN GEORGIE SIMON CHARUTHA BHAIJU BASIL SCARIA NIRMAL J.KALLELY ABEY GEORGE M.K.PUSHPALATHA-PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

=========================== B.A.No. 6825 of 2021 ============================ Dated this the 29th day of July, 2022

ORDER

This is an application seeking pre-arrest bail filed under Section 438 of Code of Criminal Procedure, 1973.

2. Petitioners are the accused in Crime No.854/2021, of the Kuruppampady Police Station, Ernakulam, alleging offences under Section 498A of the Indian Penal Code, 1860.

3. The prosecution case is that the 1st petitioner, who is the

husband of the de-facto complainant and other accused harassed the defacto complainant mentally and physically demanding dowry and thus, committed the offence alleged against him.

4. The learned counsel appearing for the petitioners submitted that petitioners are innocent of the allegation and that they are falsely implicated in the crime for justifying a matrimonial dispute.

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 the petitioners can be granted anticipatory bail subject to conditions.

7. In the result, this application is allowed. It is directed

that the petitioners shall be released on anticipatory bail, in the event of arrest in Crime No.854/2021 of Kuruppampady Police Station, Ernakulam, subject to the following conditions:

(a) In the event of arrest of the petitioners, they shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum.

(b) Petitioners shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.

(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

(d) Petitioners shall not commit any similar offence while they are on bail.

(e) Petitioners shall not leave India without the permission of the Court having jurisdiction.

8. In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court. Sd/- BECHU KURIAN THOMAS JUDGE ssa/

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