Kerala High Court
Tinto D.Thankachan vs State Of Kerala on 24 October, 2018
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 24TH DAY OF OCTOBER 2018 / 2ND KARTHIKA, 1940
Bail Appl..No. 6536 of 2018
CRIME NO. 1280/2018 OF PUTHOOR POLICE STATION, KOLLAM
PETITIONER/ACCUSED NOS.1 AND 2:
1 TINTO D.THANKACHAN,
AGED 27 YEARS,
S/O THANKACHAN, ROSE VILLA(H),
THURUTHEERAMBALAM, KULAKKADA,
KOLLAM DISTRICT.
2 ROSAMMA THANKACHAN,
AGED 55 YEARS,
W/O THANKACHAN, ROSE VILLA(H),
THURUTHEERAMBALAM, KULAKKADA,
KOLLAM DISTRICT.
BY ADV. SMT.G.VIDYA
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN-682 031.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.10.2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 6536 of 2018 2
ORDER
This application is filed under Section 438 of the Code of Criminal Procedure.
2. The 1st applicant is the son of the 2nd applicant. They are being proceeded against for having committed offence punishable under Sections 498A, 406, 323 and 342 r/w Section 34 IPC.
3. The de facto complainant is the wife of the 1 st applicant. Their marriage was solemnised on 1.5.2017. The case of the prosecution is that the applicants persistently harassed the de facto complainant both physically and mentally demanding dowry.
4. The learned counsel appearing for the applicants submitted that they are innocent. According to the learned counsel, except for certain matrimonial disputes between the parties, there are no serious disputes. The learned counsel submitted that the applicants have been unnecessarily dragged to the police station with the sole objective of disturbing the matrimonial home. It is urged that the police have registered the crime without even considering the genuineness of the Bail Appl..No. 6536 of 2018 3 allegations levelled by the de facto complainant. The complaint has been filed in the heat of the moment and according to the learned counsel, if the applicants are arrested and remanded, the chances of settlement and reunion will be irrevocably ruined.
5. The learned Public Prosecutor, on instructions, submitted that though serious allegations are levelled, no materials have been produced along with the complaint to show that any physical injuries were inflicted. In the facts and circumstances, it would be sufficient if the applicants are ordered to co-operate with the investigation, submitted the learned Public Prosecutor.
6. I have considered the submissions advanced. After going through the materials on record, I am of the considered view that the custodial interrogation of the applicants are not necessary for an effective investigation in the instant case.
7. In the result, this application will stand allowed. The applicants shall appear before the investigating officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on their executing a bond for a sum of Rs.40,000/- (Rupees Forty thousand only) each with Bail Appl..No. 6536 of 2018 4 two solvent sureties each for the like sum. The above order shall be subject to the following conditions:
(i) The 1st applicant shall co-operate with the investigation and shall appear before the Investigating Officer on every Saturdays between 10 A.M and 1 P.M. for a period of one month or till final report is filed whichever is earlier. The 2 nd applicant shall appear before the Investigating Officer as and when directed.
(ii) They shall 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/her from disclosing such facts to the court or to any police officer.
(iii) They shall not commit any similar offence while on bail.
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.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE IAP