BAIL APPL. NO. 4267 OF 2025 1 2025:KER:28888 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 BAIL APPL. NO. 4267 OF 2025 CRIME NO.59/2025 OF Mannar Police Station, Alappuzha PETITIONER/S: 1 RAMANI AGED 61 YEARS W/O. SADASHIVAN, KOCHUPURAYIL VEETIL, KULANJI KARAZHMA, MANNAR, ALAPPUZHA DISTRICT, PIN - 689626 2 SAJITHA.S AGED 41 YEARS W/O. RAJESH, AMAL VIHAR, PATHIYOOR THOTTAM, PATHIYOOR P.O., KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690508 3 AMAL RAJ AGED 21 YEARS S/O. RAJESH, AMAL VIHAR, PATHIYOOR THOTTAM, PATHIYOOR P.O., KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690508 4 RAHUL RAJ AGED 16 YEARS (DOB:30.12.2008), S/O. RAJESH, AMAL VIHAR, PATHIYOOR THOTTAM, PATHIYOOR P.O., KAYAMKULAM, REPRESENTED BY HER LAWFUL GUARDIAN & MOTHER, SAJITHA .S., AGED 41 YEARS, W/O. RAJESH, AMAL VIHAR, PATHIYOOR THOTTAM, PATHIYOOR P.O., KAYAMKULAM, ALAPPUZHA DISTRICT, PIN - 690508 5 UDAYABHANU AGED 59 YEARS S/O. AISHWARYA BHAVANAM, PUTHIYAKAVU, MAVELIKKARA, BAIL APPL. NO. 4267 OF 2025 2 2025:KER:28888 ALAPPUZHA DISTRICT, PIN - 690101 6 SUNI AGED 50 YEARS W/O. UDAYABHANU, AISHWARYA BHAVANAM, PUTHIYAKAVU, MAVELIKKARA, ALAPPUZHA DISTRICT, PIN - 690101 BY ADVS. R.REJI M.V.THAMBAN THARA THAMBAN B.BIPIN ARUN BOSE JEENA A.V. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER MANNAR POLICE STATION, ALAPPUZHA DISTRICT, PIN - 689626 OTHER PRESENT: SR PP-NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 4267 OF 2025 3 2025:KER:28888 P.V.KUNHIKRISHNAN, J –------------------------------------- B.A. No. 4267 of 2025 -------------------------------------- Dated this the 3rd day of April, 2025 O R D E R This bail application is filed apprehending arrest in Crime No. 59/2025 of Mannar Police Station. When this bail application came up for consideration, the Public Prosecutor submitted that the petitioners 3 and 4 are not accused in the above crime. The same is recorded. The above case was originally registered under Secs.85, 110, 115(2), 131, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). Now, it is submitted that the offence under Sec. 110 of the BNS is also deleted. 2. The prosecution case is that the petitioners, who are the in-laws of the defacto complainant mentally and physically harassed the defacto complainant. 3. Heard the learned counsel for the petitioners BAIL APPL. NO. 4267 OF 2025 4 2025:KER:28888 and the learned Public Prosecutor. 4. Admittedly, the husband of the defacto complainant is not in the array of the accused. According to the petitioners, the father-in-law of the defacto complainant died recently. The husband of the defacto complainant demanded share in the property. In connection with that, there was a dispute. In collusion with the husband of the defacto complainant, this false case is foisted. The Public Prosecutor opposed the bail application. 5. After hearing both sides, I think this bail application can be allowed as far as petitioner Nos. 1, 2, 5 and 6 are concerned. It seems that there is some matrimonial dispute between the parties. There can be a direction to the petitioners to surrender before the investigating officer. After interrogation, if the arrest is recorded, there can be a direction to release the petitioners on bail. Therefore, this bail application is allowed in part. The submission of the Public Prosecutor that petitioner Nos. 3 and 4 are not accused, is recorded. The bail application of petitioner BAIL APPL. NO. 4267 OF 2025 5 2025:KER:28888 Nos. 1, 2, 5 and 6 are allowed with following conditions: 1. The petitioner Nos. 1, 2, 5 and 6 shall appear before the Investigating Officer within two weeks from today and shall undergo interrogation. 2. After interrogation, if the Investigating Officer propose to arrest the petitioner Nos. 1, 2, 5 and 6, they shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned. 3. The petitioner Nos. 1, 2, 5 and 6 shall appear before the Investigating Officer for interrogation as and when required. The petitioner Nos. 1, 2, 5 and 6 shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or BAIL APPL. NO. 4267 OF 2025 6 2025:KER:28888 promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 4. Petitioner Nos. 1, 2, 5 and 6 shall not leave India without permission of the jurisdictional Court. 6. Petitioner Nos. 1, 2, 5 and 6 shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected. 6. Needless to mention, it would be well within the powers of the investigating officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner Nos. 1, 2, 5 and 6 even while the petitioner Nos. 1, 2, 5 and 6 are on bail as laid down by the Hon'ble Supreme BAIL APPL. NO. 4267 OF 2025 7 2025:KER:28888 Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663]. 7. The observations and findings in this order is only for the purpose of deciding this bail application. The principle laid down by this Court in Anzar Azeez v. State of Kerala [2025 SCC OnLine KER 1260] is applicable in this case also. 8. If any of the above conditions are violated by the petitioner Nos. 1, 2, 5 and 6, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional Court to cancel the bail, if any of the above conditions are violated. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS