IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 23RD DAY OF MAY 2017/2ND JYAISHTA, 1939
Bail Appl..No. 3413 of 2017 ()
——————————-
AGAINST THE ORDER/JUDGMENT IN CRMC 480/2017 of D.C. SESSIONS
COURT,MANJERI DATED 04-05-2017
CRIME NO. 69/2017 OF WANDOOR POLICE STATION , MALAPPURAM
PETITIONER(S)/ACCUSED:
———————
1. MAMMADEESA PULIKKAL
AGED 65 YEARS,
S/O HASSAN,
PULIKKAL HOUSE, EDAYATTUR P.O.,
PERINTHALMANNA TALUK, MALAPPURAM DIST.
2. PATHUTTY,
AGED 60 YEARS,
W/O MAMMADEESA PULIKKAL,
PULIKKAL HOUSE, EDAYATTUR P.O.,
PERINTHALMANNA TALUK, MALAPPURAM DIST.
3. SHAREEF,
AGED 36 YEARS, S/O MAMMADEESA PULIKKAL
PULIKKAL HOUSE, EDAYATTUR P.O.,
PERINTHALMANNA TALUK, MALAPPURAM DIST.
BY ADVS.SRI.P.SAMSUDIN
SRI.JITHIN LUKOSE
RESPONDENT(S)/COMPLAINANT:
————————–
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ERNAKULAM.
R BY PUBLIC PROSECUTOR:SRI AJITH MURALI
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23-05-2017,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SUNIL THOMAS, J.
B.A.No.3413 of 2017
Dated this the 23rd day of May, 2017
ORDER
Petitioners herein are the accused in Crime No.69 of
2017 of Wandoor Police Station for offences punishable under
sections 498A, 406, 323 r/w 34 of the Indian Penal Code.
2. The allegation of the de facto complainant is that the
first accused had married her on 25.12.2013. Thereafter, the first
accused along with the petitioners herein, who are accused Nos.2 to
4, subjected her to matrimonial cruelty in connection with demand
for dowry. Complaint was laid and the petitioner seeks anticipatory
bail apprehending arrest.
3. The allegations, except the allegation regarding bodily
injury, appears to be general in nature. Though an allegation under
section 323 IPC is attributed to the petitioner herein, essentially
that fact is to be established by the prosecution through the oral
testimony of the de facto complainant and her eye witnesses.
4. Having considered the fact that the incident essentially
arises from a matrimonial discord with the in-laws and the
petitioners, I am inclined to grant anticipatory bail to the petitioners
as follows:
B.A.3413/17
2
(i) Petitioners shall appear before the
Investigating Officer within ten days from today
and shall undergo interrogation. If they are
proposed to be arrested, they shall be released on
bail on they executing a bond for a sum of
Rs.40,000/- (Rupees forty thousand only) with two
sureties for the like sum each.
(ii) They shall appear before the
Investigating Officer as and when required for
interrogation.
(iii) They shall not get involved in any other
identical offence and shall not threaten, coerce or
intimidate the de facto complainant or his
witnesses.
The anticipatory bail application is allowed as above.
Sd/-
SUNIL THOMAS
Judge
Sbna/23/5/17
True Copy / P A to Judge