Unknown vs Present on 6 August, 2018

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Kerala High Court

Unknown vs Present on 6 August, 2018

Bench: V Raja Vijayaraghavan

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT:

                THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

              MONDAY, THE 6TH DAY OF AUGUST 2018 / 15TH SRAVANA, 1940

                                Bail Appl..No. 5084 of 2018

              CRIME NO. 909/2018 OF THOPPUMPADY POLICE STATION , ERNAKULAM

PETITIONER(S)/ACCUSED

1    CHRISTEENA @ PONNAMMA,
     W/O.JOSEY,
     CHOOTHAMPARAMBIL HOUSE,
     MUNDAMVELI P.O., PIN - 682 507.

2    JOSEY,
     S/O.GEORGE, AGED 65,
     CHOOTHAMPARAMBIL HOUSE,
     MUNDAMVELI P.O., PIN - 682 507.

3    FR.JOYSON,
     S/O.JOSEY, AGED 35,
     PARISH PRIEST,
     ST.FRANCIS XAVIER'S CHURCH,
     PERUMPALLY.

4    JOYCE,
     W/O.FRANCIS XAVIER, AGED 33,
     KANAPALLY HOUSE,
     PERUMPADAPPU,
     KOCHI - 682 006.


     BY ADVS.SRI.K.L.JOSEPH
             SMT.P.SAREENA GEORGE

RESPONDENT(S)/COMPLAINANT/STATE:

1.   STATE OF KERALA
     REPRESENTED BY PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA,
     ERNAKULAM, PIN - 682 031.

2.   SUB INSPECTOR OF POLICE,
     THOPPUMPADY POLICE STATION,
     KOCHI - 682 005.

3.   GOLDY, AGED 26
     D/O.ANTONY, KURISINGAL HOUSE,
     PERUMPADAPPU, KOCHI - 682 006.

       BY SRI.AJITH MURALI, PUBLIC PROSECUTOR

    THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-08-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

RP

              RAJA VIJAYARAGHAVAN V, J
            --------------------------------------
                   B.A No.5084 of 2018
             --------------------------------------
          Dated this the 6th day of August, 2018


                             ORDER

This application is filed under B'438 of the Cr.P.C.

2. The applicants herein are the accused Nos.2 to 5 in Crime No.909 of 2018 registered at the Thoppumpady Police Station, under B'498A of the IPC.

3. The 1st accused in the aforesaid Crime is the husband of the de facto complainant. The applicants herein are parents and siblings of the 1st accused. According to the de facto complainant, the 1st accused married the de facto complainant on 20.11.2014 and they lived together as husband and wife. In the complaint filed by her, she alleges that her husband and in-laws subjected her to physical as well as mental harassment demanding dowry.

4. The learned counsel appearing for the applicants submitted that they are innocent. It is submitted that the 1 st accused filed O.P. No.2033 of 2017 before the Family Court, Ernakulam, seeking divorce and this has prompted the de facto B.A No.5084 of 2018 2 complainant to level untenable allegations against the applicants. A petition under the Protection of Women from Domestic Violence Act has been initiated against the accused before the learned Magistrate, which is pending. According to the learned counsel, the 3rd applicant is a priest and the 4 th applicant resides elsewhere. It is also 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 allegations levelled by the de facto complainant.

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.

B.A No.5084 of 2018

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 is not necessary for an effective investigation in the instant case.

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 two solvent sureties each for the like sum. The above order shall be subject to the following conditions:

(i) The applicants shall co-operate with the investigation and shall appear before the Investigating Officer as and when directed to do so.

ii) The applicants 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) The applicants shall not commit any similar offence while on bail.

B.A No.5084 of 2018 4

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 rp/07.18 //TRUE COPY// P.A TO JUDGE.

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