Saturday, June 1, 2013

husband, brother, mother, sister accused 498a case, routine bail, kerala HC, why oh why are lives wasted thus ??

Thoughts
  • for every irritated, case filing complainant woman. in 498a cases, two three women are accused and dragged to courts and police
  • here is a classic case where everyone in hubby's family including hubby's mother. hubby's sister etc are accused
  • why oh why in the name of women's empowerment are SO MANY WOMEN accused and dragged to courts ??
  • Court grants bail
  • what will happen from here on ? case will drag on for years and / or be finally compromised
  • everyone except the hubby and family will laugh and many predators in the chain will make money
  • there will be NO punishment for false case filing women
  • the next day morning there will be one more false case and one more circle starts





IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN

THURSDAY, THE 27TH DAY OF SEPTEMBER 2012/5TH ASWINA 1934

Bail Appl..No. 7056 of 2012


[C.M.P. NO.4189/2012 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM- EAST POLICE STATION, KOLLAM DISTRICT]


PETITIONERS/ACCUSED:


1. RAJESH.K.A., AGED 35 YEARS,
S/O. AMBUJAKSHAN, PRASANTH HOUSE NO. 12, POORNA NAGAR,
ALUVA.

2. SANTHA.K., AGED 57 YEARS,
W/O.AMBUJAKSHAN,
RESIDING AT PRASANTH HOUSE NO. 12, POORNA NAGAR,
ALUVA.

3. PRASAD.K.A., AGED 30 YEARS,
S/O.AMBUJAKSHAN,RESIDING AT PRASANTH HOUSE NO. 12, POORNA NAGAR,
ALUVA.

4. ASHA. K.A., AGED 36 YEARS,
D/O.AMBUJAKSHAN,
RESIDING AT PRASANTH HOUSE NO. 12, POORNA NAGAR,
ALUVA.


BY ADVS.SRI.JOHNSON GOMEZ,
SRI.S.BIJU (KIZHAKKANELA).


RESPONDENTS/STATE:


1. THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT
ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE,
EAST POLICE STATION, KOLLAM DISTRICT.

2. SMITH.S., AGED 30 YEARS,
D/O. SHOBHANA,
RESIDING AT KAIPULLY PUTHEN PURAYIL MATHRUKA NAGAR-5,
ULIYAKOVIL.P.O., KOLLAM DISTRICT.


R1 BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH.


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Prv.


P.BHAVADASAN, J.

BA No.7056 of 2012

Dated this the 27th day of September 2012



Order


This petition is filed under Section 438 of Cr.PC., seeking anticipatory bail. The petitioners are the accused in Crime No.2130/12     of Aluva East Police Station for having committed the offences punishable under Sections 498A r/w S.34 IPC. The allegation against them is that they mentally and physically harassed the defacto complainant, demanding more dowry. The petitioners submit that the above allegations are totally false and cooked up only for the purpose of this case. According to them, the crime has been registered on the basis of a private complaint filed by the complainant. They also point out that they have been falsely implicated with ulterior motives. Therefore, they seek anticipatory bail.


2. The learned Public prosecutor vehemently opposed the application.


3. After having heard the learned counsel for the petitioners and the learned Public Prosecutor and going through the records made available before this court, it is felt that this is a fit case warranting exercise of the extra ordinary jurisdiction of this court under Section 438 of Cr.PC.


Accordingly, this application is allowed as follows :


1. The petitioners shall surrender before the Investigating Officer on or before 05.10.2012, who, after interrogation, shall produce them before the JFCM concerned.


2. On applications being filed by the petitioners for bail before the JFCM concerned, they shall be released on bail on each of them executing a bond for Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties each for the like sum each to the satisfaction of the JFCM concerned.


3. The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts produced by the sureties before granting bail to the petitioners.


4. The petitioners shall appear before the Investigating Officer as and when required by him, till final report is filed.


5. The petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.


6. If any of the conditions is violated by any of the petitioners, the bail granted in respect of the said petitioner shall stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such steps as are available to him in law.


P.Bhavadasan, Judge