Kerala High Court
Binu G vs State Of Kerala on 2 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
BAIL APPL. NO. 5788 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRL.MC 481/2021 OF ADDITIONAL SESSIONS
COURT - V, KOLLAM
CRIME NO.31/2021 OF KOLLAM EAST POLICE STATION, KOLLA, DISTRICT
PETITIONER/ACCUSED:
1 BINU G
AGED 46 YEARS
S/O. GOPALA KRISHNA PILLAI,
RESIDINDING AT CHEPPLAZHIKATH VEEDU,
SARAYU NAGAR - 133, ASRAMAM P.O.,
KOLLAM EAST VILLAGE, KOLLAM - 691 002.
2 OMANA AMMA
AGED 68 YEARS
W/O. GOPALA KRISHNA PILLAI,
RESIDING AT CHEPPLAZHIKATH VEEDU,
SARAYU NAGAR - 133, ASRAMAM P.O.,
KOLLAM EAST VILLAGE, KOLLAM - 691 002.
3 SINI.O,
AGED 44 YEARS
D/O. OMANA AMMA,
RESIDING AT JAYA BHAVANAM,
MANAKKARA, SASTHAMCOTTAH P.O., KOLLAM - 690 521.
BY ADVS.
C.RAJENDRAN
K.VIJAYAN
BAIL APPL. NO. 5788 OF 2021
2
RESPONDENTS/STATE & DE-FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 THE STATION HOUSE OFFICER
KOLLAM EAST POLICE STATION, KOLLAM - 691 001.
3 REMYA R, AGED 28 YEARS,
W/O. BINU, RESIDING AT KEEPPINA VILAYIL,
KAIRALI NAGAR - 32, VALLIKEEZH, KAVANADU P.O.,
KOLLAM CITY, KOLLAM - 691 003,
NOW RESIDING AT THANNIKKAZHATHU, THEKKUMBHAGAM
VILLAGE, CHAVARA SOUTH P.O., KOLLAM - 691 584.
R1-R2 BY ADV.SMT. S.SEETHA, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 5788 OF 2021
3
ORDER
Aggrieved by the order of the learned
Additional Sessions Judge-V, Kollam, the accused
Nos.1 to 3, the petitioners herein, came up.
2. It is an application for anticipatory bail
under Section 438 Cr.P.C. by the accused Nos.1 to 3,
husband, mother-in-law and sister-in-law
respectively, in crime No.31/2021 of Kollam East
Police Station, registered on the allegation of
offence under Sections 498(A), 323 and 34 IPC. The
main allegaions is against the husband, the accused
No.1. It is fairly conceded by the learned Public
Prosecutor that, going by the allegation, the
offence under Section 323 would stand only against
the husband (accused No.1) and there is no plausible
or acceptable reason, why the offence under Section
498(A) was extended as against the accused Nos. 2
BAIL APPL. NO. 5788 OF 2021
and 3. Hence, they are really standing on a
different footing apart from accused Nos.1.
3. Anticipatory bail is granted to petitioners
arrest of accused Nos.2 and 3, they shall be
released on bail on executing a bond for Rs.20,000/-
(Rupees twenty thousand only) each with two solvent
sureties each for the likesum to the satisfaction of
the officer who effects the arrest. Granting of
bail will be subject to the condition that they
shall appear before the Investigating Officer for
interrogation as and when required. They shall not
directly or indirectly makes any threat or promise
to any person acquainted with the facts of the case
so as to dissuade him from disclosing such facts to
the court or to any Police Officer and they shall
not leave India without previous permission of the
Court and shall appear before the Court as and when
BAIL APPL. NO. 5788 OF 2021
required. The application in respect of 1st
petitioner (accused No.1) will stand dismissed.
The anticipatory bail application in respect of
petitioners 2 and 3, is disposed of accordingly.
Sd/-
P.SOMARAJAN
JUDGE
SPV
