Shejoy Varghese v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 Bail Appl..No. 3773 of 2015 ------------------------------- CRIME NUMBER NOT KNOWN OF THALAYOLAPARAMBU POLICE STATION. .......

PETITIONER(S):

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1. SHEJOY VARGHESE, AGED 31 YEARS, S/O.V.C.VARGHESE, VETTICKANAKUDY HOUSE, POOPANI ROAD, KARATTUPALLIKARA, PERUMBAVOOR P.O., PIN.683 542.

2. V.C. VARGHESE, AGED 71 YEARS, S/O.V.V.CHAKKUNNI, VETTICKANAKUDY HOUSE, POOPANI ROAD, KARATTUPALLIKARA, PERUMBAVOOR P.O., PIN.683 542.

3. REGINA VARGHESE, AGED 67 YEARS, W/O.V.C.VARGHESE, VETTICKANAKUDY HOUSE, POOPANI ROAD, KARATTUPALLIKARA,PERUMBAVOOR P.O., PIN.683 542.

4. SHENOY VARGHESE,AGED 35 YEARS, S/O.V.C.VARGHESE, PRF 53 C, PALATHINKAL LANE, NORTH FORT, THRIPUNITHURA, ERNAKULAM, PIN- 682 301.

5. SHEENA EMMANUEL, AGED 40 YEARS, W/O.EMMANUEL JOSEPH, PRF 62, PALATHINKAL LANE, NORTH FORT, THRIPUNITHURA, ERNAKULAM, PIN- 682 301.

6. ANU SHENOY, AGED 28 YEARS, W/O.SHENOY VARGHESE, PRF 53 C, PALATHINKAL LANE, NORTH FORT, THRIPUNITHURA, ERNAKULAM, PIN - 682 301.

BY ADVS.SRI.B.V.JOY SANKER SRI.BIJI MATHEW RESPONDENT(S)/STATE/COMPLAINANT:

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

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--2-- Bail Appl..No. 3773 of 2015 --------------------------------------

2. SUB INSPECTOR OF POLICE, THALAYOLAPARAMBU POLICE STATION, KOTTAYAM DT - 686 605.

3. RITHU MARIA JOY, AGED 25 YEARS, D/O.JOY JOSEPH, ILLICKAL HOUSE, MARAVANTHURUTHU P.O., VAIKKOM, KOTTAYAM, PIN - 686 608.

R1 & R2 BY PUBLIC PROSECUTOR SMT.REMA.R THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

==================== B.A.No. 3773 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioners except 4 and 6 are accused in Crime No. 489 of 2015 of Thalayolaparamb Police Station. The allegation is that they subjected to cruelty the victim demanding more dowry. 3.

Heard.

4.

There is no allegation that the victim sustained any serious injuries. It appears that restoration of harmony to the family is not impossible. So, I am inclined to grant the prayer of the petitioners except 4 and 6.

In the result, this application is allowed in part. 1)The petitioners (except 4 and 6)shall be released on bail 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 surrender their passports before the lower court concerned or if they do not have one, they shall file affidavits to that effect within five days of their release.

B.A.No. 3773 of 2015 ::2::

3)They shall not leave India without the previous permission of the court of enquiry or trial court as the case may be. 4)They shall appear before the Investigating Officer for interrogation if they are so required by him in writing. 5)They shall not intimidate or attempt to influence the witnesses.

6)They shall not destroy or tamper with evidence. 7)They shall not get themselves involved in any other criminal case while they are on bail.

If the petitioners surrender before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge