indira Bhai Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1010336
CourtKerala High Court
Decided OnJan-03-2013
JudgeHONOURABLE MR.JUSTICE P.BHAVADASAN
Appellantindira Bhai
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice p.bhavadasan thursday, the 3rd day of january 2013 13th pousha 193 bail appl..no. 9537 of 2012 () ------------------------------ (crime no.444/2011 of anchalummoodu police station, kollam district) --------- petitioners/accued nos.2 and 3.------------------------------- 1. indira bhai, aged 6 years d/o.karthiayani, indira bhavanam, asthamudi p.o., thrikkaruva.2. letha kumari, aged 4 years d/o.indira bhai, sreerangam, ashtamudi p.o., thrikkaruva. by advs.sri.k.siju smt.chithra.s.babu respondent: ----------- state of kerala (through the s.i. of police anchalumoodu police station) represented by public prosecutor high court of kerala, ernakulam 68203 . by public prosecutor smt.laliza t.y. this bail application having come up for admission on 03-01-2013, the court on the same day passed the following: vk p.bhavadasan, j.--------------------------------------------- b.a. no.9537 of 2012 --------------------------------------------- dated this the 3rd day of january, 2013 order the petitioners are the mother-in law and sister-in- law of the de facto complainant, on whose complaint crime no.444/2011 of anchalummoodu police station has been registered for having committed the offences punishable under sections 498a, 323 and 34 of ipc.2. the petitioners would say that they are totally innocent and have been falsely implicated. it is pointed out by the petitioners that they have not committed any act to constitute an offence.3. after having heard the learned counsel for the petitioners and the learned public prosecutor and after having perused the records, it is felt that this is a fit case where the extraordinary jurisdiction under section 438 of cr.p.c. needs to be exercised in favour of the petitioners, especially being matrimonial dispute, possibility of reunion cannot be ruled out. the petition is allowed as follows:1) the petitioners shall surrender before the investigating officer on or before 14.1.2013, who after interrogation shall b.a.no.9537/2012 :2: produce them before the judicial first class magistrate's court concerned, which court on application being moved by the petitioners shall release them on bail on each of them executing a bond for rs.10,000/- (rupees ten thousand only) with two solvent sureties each for the like sum each to the satisfaction of the said court.2) the learned magistrate shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail.3) the petitioners shall appear before the investigating officer for interrogation as and when required by him.4) the petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.5) if any of the condition is violated, the bail granted shall stand cancelled and the jfcm concerned, of being satisfied of the said fact, may take such proceedings as are available to him in law. p.bhavadasan, judge. okb.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 3RD DAY OF JANUARY 2013 13TH POUSHA 193 Bail Appl..No. 9537 of 2012 () ------------------------------ (CRIME NO.444/2011 OF ANCHALUMMOODU POLICE STATION, KOLLAM DISTRICT) --------- PETITIONERS/ACCUED NOS.2 AND 3.------------------------------- 1. INDIRA BHAI, AGED 6 YEARS D/O.KARTHIAYANI, INDIRA BHAVANAM, ASTHAMUDI P.O., THRIKKARUVA.

2. LETHA KUMARI, AGED 4 YEARS D/O.INDIRA BHAI, SREERANGAM, ASHTAMUDI P.O., THRIKKARUVA. BY ADVS.SRI.K.SIJU SMT.CHITHRA.S.BABU RESPONDENT: ----------- STATE OF KERALA (THROUGH THE S.I. OF POLICE ANCHALUMOODU POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 68203 . BY PUBLIC PROSECUTOR SMT.LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.BHAVADASAN, J.

--------------------------------------------- B.A. No.9537 of 2012 --------------------------------------------- Dated this the 3rd day of January, 2013 ORDER The petitioners are the mother-in law and sister-in- law of the de facto complainant, on whose complaint Crime No.444/2011 of Anchalummoodu Police Station has been registered for having committed the offences punishable under Sections 498A, 323 and 34 of IPC.

2. The petitioners would say that they are totally innocent and have been falsely implicated. It is pointed out by the petitioners that they have not committed any act to constitute an offence.

3. After having heard the learned counsel for the petitioners and the learned Public Prosecutor and after having perused the records, it is felt that this is a fit case where the extraordinary jurisdiction under Section 438 of Cr.P.C. needs to be exercised in favour of the petitioners, especially being matrimonial dispute, possibility of reunion cannot be ruled out. The petition is allowed as follows:

1) The petitioners shall surrender before the Investigating Officer on or before 14.1.2013, who after interrogation shall B.A.No.9537/2012 :2: produce them before the Judicial First Class Magistrate's court concerned, which court on application being moved by the petitioners shall release them on bail on each of them executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two solvent sureties each for the like sum each to the satisfaction of the said court.

2) The learned Magistrate shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail.

3) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him.

4) The petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.

5) If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, of being satisfied of the said fact, may take such proceedings as are available to him in law. P.BHAVADASAN, Judge. okb.