Pre-arrest bail application filed by husband, parents-in-law, and sister-in-law accused of matrimonial cruelty and cheating. Court found custodial interrogation unnecessary and granted bail on bond.
Petitioners released on bail by executing a bond with two solvent sureties for Rs. 30,000/- each.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 7TH DAY OF JUNE 2016/17TH JYAISHTA, 1938
Bail Appl..No. 3230 of 2016 ()
CRIME NO. 575/2016 OF ERNAKULAM NORTH POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED :
1. RANJITH RADHAKRISHNAN
2. RADHAKRISHNAN
3. LAKSHMI DEVI W/O.RADHAKRISHNAN, AGED 58 YEARS, 'ROHINI' HOUSE, SIVANAGAR, VAYAPARAPADI, MANJERI, MALAPPURAM DISTRICT.
4. REKHA JITHIN D/O.RADHAKRISHNAN, AGED 24 YEARS, 'ROHINI' HOUSE, SIVANAGAR, VAYAPARAPADI, MANJERI, MALAPPURAM DISTRICT.
BY ADV. SRI.BABU S. NAIR
RESPONDENTS/STATE & COMPLAINANT :
1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI – 682 031
2. THE SUB INSPECTOR OF POLICE ERNAKULAM TOWN NORTH POLICE STAION, ERNAKULAM DISTRICT, PIN – 682 018.
R1 & R2 BY PUBLIC PROSECUTOR SMT. R. REMA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Mn
P.UBAID, J.
ORDER
On the apprehension of arrest in connection with
Crime No. 575 of 2016 of the Ernakulam Town North Police Station, registered under Sections 498A, 406, 420 and 323 read with Section 34 of the Indian Penal Code on the complaint of the wife of the first petitioner herein, the petitioners herein seek pre-arrest bail .
by the learned Public Prosecutor on the ground that investigation is at the preliminary stage, that custodial interrogation of the petitioners is absolutely necessary as part of investigation, and that if the accused are now
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released, they will definitely obstruct the proper and effective investigation.
prominent complaint is that the first petitioner had appropriated her money and ornaments while living jointly as husband and wife. The genuineness of the allegation of cruelty is something to be decided during trial. It appears that the present complaint is the result of their strained matrimony. The complaint, which runs to pages does not contain much as regards the offences alleged. Anyway, let the factual aspects be gone into by the trial court. In the present circumstances, I find that custodial interrogation of the petitioners is not necessary as part of investigation. The petitioners 2 and 3 are the parents-in-law of the complainant and the 4th petitioner is the sister-in-law. She resides elsewhere. It is not known how the complainant was harassed mentally or physically by the 4th petitioner. As regards the parents-in-law, the definite allegations are not
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there in the complaint. I find that even without interrogation of the petitioners in custody, necessary materials concerning them can well be collected by the Police for a prosecution. It will suffice that the petitioners are directed to report before the Investigating Officer for interrogation, if felt necessary.
In the result, this petition for pre-arrest bail is allowed. The petitioners are ordered to be released on bail on their executing a bond with two solvent sureties for ₹30,000/- (Rupees Thirty Thousand only) each to the satisfaction of the arresting officer or the learned Magistrate having jurisdiction, in case of their arrest in connection with Crime No. 575 of 2016 of the Ernakulam Town North Police Station. Bail is granted on condition that
a) The petitioners shall report before the investigating officer as and when required by him, for interrogation, if felt necessary.
Sd/-
P.UBAID
JUDGE
ds
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioners in a matrimonial cruelty case pending investigation.
Whether custodial interrogation of the petitioners is necessary for the investigation of the offences alleged.
1 provisions across 1 enactments
RANJITH RADHAKRISHNAN
RADHAKRISHNAN
LAKSHMI DEVI
REKHA JITHIN
THE STATE OF KERALA
THE SUB INSPECTOR OF POLICE ERNAKULAM
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
