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Pappi@ Jijesh vs State Of Kerala

High Court Of Kerala · Decided on 13 October 2021 · Citation: (2021) 10 KL CK 0089

HON’BLE JUDGES
Gopinath P., J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 498A
RESULT
Allowed
CASE NUMBER
Bail Appl. No. 6861 Of 2021
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Judgment

7 paragraphs · 277 words

Gopinath P., J

1.

This is an application for Anticipatory Bail. The 1st petitioner is the husband of one Babitha Babu, who is a defacto complainant in Crime No.129/2021 of the Kelakom Police Station. The second and third petitioners are the parents of the first petitioner. The allegation against the petitioners is regarding commission of offence under Section 498(A) of the Indian Penal Code. The learned counsel for the petitioners submit that the allegations even if accepted to be true is only that the defacto complainant was subjected to mental harassment. It is specifically pointed out that there are no allegations to attract any other offence under the Indian Penal Code, which shows that the defacto complainant was not subjected to any physical torture.

2.

Having heard the learned counsel for the petitioners and learned Public Prosecutor for the State and having regard to the nature of allegation, I am of the opinion that the petitioners can be granted Anticipatory Bail subject to strict conditions.

3.

In the result, this bail application is allowed and it is ordered that the petitioners shall be released on bail, in the event of arrest in connection with Crime No.129/2021 of Kelakom Police Station subject to the following conditions:

1) The petitioners shall execute separate bonds for sums of Rs.50,000/- each to the satisfaction of the Judicial First Class Magistrate Court, Kuthuparamba.

2) The petitioners shall not attempt to influence or intimidate any witness in Crime No.129/2021 of Kelakom Police Station.

If condition No.2 above is violated, the Station House Officer of the Kelakom Police Station may apply to the Judaical First Class Magistrate Court, Kuthuparamba for cancellation of the bail.