High Court of KeralaBail Appl./2408/2015allowed

Jencin Mathew v. State Of Kerala

2015-05-12Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 Bail Appl..No. 2408 of 2015 ------------------------------- CRIME NO. 207/2015 OF MELUKKAVU POLICE STATION, KOTTAYAM DISTRICT. .......

PETITIONER(S)/ACCUSED:

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1. JENCIN MATHEW, W/O.BABY, AGED 32 YEARS, NADUVILEDATH HOUSE, KOZHAKKOMBU P.O, KOOTHATTUKULAM VILLAGE, ERNAKULAM DISTRICT.

2. SUNIL GEORGE, ALLUNKAL HOUSE, AGED 35 YEARS, OORAMANA PO, MRNMARI VILLAGE, ERNAKULASM DISTRICT.

3. MATHEW, S/O. VARGHESE, AGED 60 YEARS, NADUVILEDATH HOUSE, KOZHAKKOMBU P.O, KOOTHATTUKULAM VILLAGE, ERNAKULAM DISTRICT.

BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S)/STATE AND COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031.

2. THE STATION HOUSE OFFICER, MELUKAVU POLICE STATION, KOTTAYAM DISTRICT - 686652.

BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

--------------------------------------- B.A. No. 2408 of 2015 ---------------------------------------- Dated this the 12th day of May, 2015

ORDER

Petition filed under Section 438 Cr.P.C.

2. Petitioners are accused in Crime No. 207 of 2015 of Melukavu Police Station registered for the offences under sections 354, 294(b), 323 read with Section 34 IPC. The First petitioner is the daughter-in-law of the victim in the case. It is alleged that she along with the co-accused assaulted her mother-in-law and outraged her modesty.

3. Heard. Learned counsel submits that the allegations are false.

4. Having regard to the nature of the allegations, I am satisfied that this is a fit case to invoke the jurisdiction of this Court under Section 438 Cr.P.C.

B.A. No. 2408 of 2015 In the result, this application is allowed.

1) The petitioners shall be released on bail after interrogation on their executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

2) They shall appear before the Investigating Officer for interrogation if they are so required by him in writing.

3) They shall not destroy or tamper with evidence.

4) They shall not harass the de facto complainant. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

K. ABRAHAM MATHEW JUDGE DMR/-