Allowed

Madanan Pillai v. State of Kerala

Kerala HC8 Jun 2016Bail Appl./3688/2016

Case brief

AI extract

What is this about?

The High Court of Kerala granted pre-arrest bail to Madanan Pillai and Santamma in a dowry harassment case. The court noted allegations were primarily against the husband, with only casual claims against the petitioners, and ordered police interrogation without arrest.

What did the court decide?

Petitioners ordered to be released on bail on executing a bond with two solvent sureties for Rs.25,000 each and reporting to the investigating officer as required.

Madanan Pillai Vs State of Kerala — Dowry and Cruelty | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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WEDNESDAY, THE 8TH DAY OF JUNE 2016/18TH JYAISHTA, 1938

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Bail Appl..No. 3688 of 2016

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CR. NO. 733/2016 OF ENATHU POLICE STATION, ADOOR, PATHANAMTHITTA DISTRICT

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PETITIONER(S) :

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MADANAN PILLAI (A2), AGED 65 YEARS, KALEECKAL VEEDU, MANNADY P.O., PATHANAMTHITTA DISTRICT, PIN - 691 554.

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SANTHAMMA (A3), S/O.MADANAN PILLAI, AGED 61 YEARS, KALEECKAL VEEDU, MANNADY P.O., PATHANAMTHITTA DISTRICT - 691 554.

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BY ADV. SRI.K.K.SETHUKUMAR

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RESPONDENT(S) :

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.733 OF 2016 ENATHU POLICE STATION).

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BY PUBLIC PROSECUTOR SMT.R.REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

P. UBAID, J.

B.A.No.3688 of 2016

Dated this the 8^th day of June, 2016

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O R D E R

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The petitioners seek pre-arrest bail on the

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apprehension of arrest of the accused in connection with Crime No.733/2016 of the Enathu Police Station, registered under Sections 498-A and 323 IPC read with Section 34 IPC. It appears that the investigation is now proceeding under Sections 354-A and 506(i) IPC, and under Sections 66-A and 67-A of the Information Technology Act, also. The defacto complainant is the daughter-in-law of the petitioners. She was married by their son on 07.11.2015, but the matrimony did not last long. Her complaint is that she had been mentally and physically harassed by her husband and the parents-in-law by demanding more dowry and ornaments. She has been residing separately since 22.02.2016. On a perusal of the complaint, I find that the complainant's allegations are prominently against the

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B.A.No.3688 of 2016

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husband. As against these petitioners, there is only some casual allegations. As against husband of course she has some grievance. Any way, the genuineness of the allegations of cruelty as against these petitioners is something to be decided on trial. Custodial interrogation of the petitioners is not felt necessary in this case. Even without such interrogation, the police can collect the necessary materials concerning these petitioners, for a prosecution on the given allegations. It will suffice that the petitioners are directed to report before the investigating officer for necessary interrogation, if felt necessary.

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In the result, this bail application is allowed. The petitioners are ordered to be released on bail on their executing a bond with two solvent sureties for Rs.25,000/(Rupees Twenty Five Thousand only) each to the satisfaction of the arresting officer, or the learned Magistrate having jurisdiction, as the case may be. Bail is granted to the petitioners on condition that the petitioner shall report

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B.A.No.3688 of 2016

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before the investigating officer as and when required by him

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for interrogation, if felt necessary.

Sd/-

P. UBAID, JUDGE

// True Copy // P.A. to Judge

Madanan Pillai v. State of Kerala

Case brief

What is this about?

What did the court decide?

Madanan Pillai v. State of Kerala

Case brief

What is this about?

What did the court decide?

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