Kerala High Court
Mimoonath vs State Of Kerala on 23 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
BAIL APPL. NO. 7736 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 1961/2021 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - VIII, ERNAKULAM
CRIME NO.1348/2021 OF KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT
PETITIONER/SUSPECTED ACCUSED:
1 MIMOONATH,
AGED 63 YEARS
KALAPURAKKAL HOUSE, VATTEKKUNNAM P.O, ERNAKULAM-682 024.
2 NISA,
AGED 37 YEARS
W/O. BASHEER, VADUTHALAPARAMBIL HOUSE, VATTEKKUNNAM P.O,
ERNAKULAM 682 024.
3 BASHEER V.H,
AGED 42 YEARS
VADUTHALAPARAMBIL HOUSE, VATTEKKUNNAM P.O, ERNAKULAM-682
024
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)
RESPONDENTS/STATE:
1 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI
31.
2 THE STATION HOUSE OFFICER,
KALAMASSERY POLICE STATION, ERNAKULAM-682 022
3 ADDL.R3.JEEVA
AGED 35 YEARS
D/O A.K.IBRAHIM, VAZHUTHANAKKAD HOUSE, VATTEKUNNAMKARA,
THRIKKAKARA NORTH VILLAGE, ERNAKULAM-682 021 IS IMPLEADED
BAIL APPL. NO.7736 OF 2021
2
AS ADDL.R3 AS PER ORDER DATED 02.11.2021 IN
CRL.MA.1/2021
OTHER PRESENT:
SMT. SEETHA. S. (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.7736 OF 2021
3
ORDER
This is an application for anticipatory bail.
2. The petitioners are the accused in Crime No.1348/2021 of
Kalamassery Police Station, Ernakulam District alleging commission of
offence under Section 498A r/w Section 34 of the Indian Penal Code.
3. The 1st petitioner is the mother-in-law of the de-facto
complainant. The 2nd petitioner is the sister-in-law of the de-facto
complainant and the 3rd petitioner is the husband of the 2nd petitioner. The
marriage between the son of the 1st petitioner and the de-facto complainant
took place nearly 17 years ago. The allegation is that, on 27.08.2021 at
about 8.00 am, the 1 st petitioner had thrown boiling tea over the body of the
de-facto complainant and caused severe injury to her.
4. The learned counsel for the petitioners submits that there are
matrimonial disputes between the son of the 1 st petitioner and the de-facto
complainant and that the present complaint has been filed only to
pressurize the petitioners into some form of settlement with the de-facto
complainant.
5. The learned Public Prosecutor, on instructions, submits that
BAIL APPL. NO.7736 OF 2021
there are specific allegations in the first information statement regarding
the cruelty meted out to the de-facto complainant and the grant of bail, at
this stage, may affect the proper investigation to the crime.
6. Having regard to the facts and circumstances of the case and
considering the nature of the allegations raised against the petitioners, I am
of the view that the petitioners can be granted anticipatory bail, subject to
conditions to ensure that they do not interfere with the investigation of the
case in any manner.
7. In the result, this bail application is allowed and it is directed
that the petitioners shall be released on bail in the event of their arrest in
connection with Crime No.1348/2021 of Kalamassery Police Station,
Ernakulam District , subject to the following conditions:-
(i) Petitioners shall execute bonds for sum of Rs.50,000/-
(Rupees fifty thousand only) each with two solvent sureties
each for the like sum to the satisfaction of the Jurisdictional
Court;
(ii) Petitioners shall appear before the investigating officer
in Crime No.1348/2021 of Kalamassery Police Station,
Ernakulam District as and when summoned to do so;
BAIL APPL. NO.7736 OF 2021
(iii) Petitioners shall not attempt to contact the de-facto
complainant or to interfere with the investigation or to
influence or intimidate any witness in Crime No.1348/2021
of Kalamassery Police Station, Ernakulam District ;
(iv) Petitioners shall not involve in any other crime while
on bail.
If any of the aforesaid conditions are violated, the investigating
officer in Crime No.1348/2021 of Kalamassery Police Station, Ernakulam
District may file an application before this Court, for cancellation of bail.
Sd/-
GOPINATH P.
JUDGE
bng/23/11/21
