Crime Number Not Known Of Chandera … vs By Adv. Sri.Unni. K.K. … on 20 July, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID

TUESDAY, THE 19TH DAY OF SEPTEMBER 2017/28TH BHADRA, 1939

Bail Appl..No. 4145 of 2017 ()
——————————-
CRIME NUMBER NOT KNOWN OF CHANDERA POLICE STATION, KASARGOD
———–

PETITIONER/ACCUSED NO.1:
————————

K.P.SIDDIQUE,
S/O.S.A.ABDULKHADER,AGED 37 YEARS,DHARUL HAMDH,
NELLICKAL,THURUTHI.P.O,CHERUVATHOOR,KASARAGOD DISTRICT.

BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR)

RESPONDENT(S):
————–

1. SUB INSPECTOR OF POLICE,
CHANDRE POLICE STATION,KASARAGOD DISTRICT-671533.

2. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.

* ADDL R3 IMPLEADED

3. ANCHILATHU RAHEENA, AGED 26 YEARS,
W/O SIDDIQUE, D/O ABOOBACKKER,
S.A MANZIL, NELLICKAL, THRUTHI P.O,
CHERUVATHOOR.

* ADDL R3 IMPLEADED AS PER ORDER DATED 20.7.2017 IN
CRL.MA NO.7851/2017.

R1,R2 BY PUBLIC PROSECUTOR SRI AJITH MURALI
R3 BY ADV. SRI.SURESH KUMAR KODOTH

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19-09-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
K.V.

P.UBAID, J.
———————————————
B.A.No.4145 of 2017
———————————————
Dated this the 19th day of September, 2017

ORDER

The petitioner seeks pre-arrest bail on the

apprehension of arrest by the police in Crime No.415/2017 of

the Chandera Police Station, involving the offence under Section

498A of Indian Penal Code. He seeks pre-arrest bail under

Section 438 of the Code of Criminal Procedure on the

apprehension of arrest and custodial harassment by the police

in connection with the crime.

2. The defacto complainant in the crime is the

wife of the petitioner. The complainant’s grievance is that she

had been mentally and physically ill-treated by the husband by

demanding more dowry and ornaments. On a perusal of the

complaint, I find that the matrimony stands strained, and that

the present complaint is the result of the strained matrimony.

On a perusal of materials, I find that custodial interrogation of

the petitioner is not necessary at all in this crime. Even without

such interrogation, the required materials can be collected by

the police. If bail is denied to the petitioner, or if anybody

B.A.No.4145 of 2017 -2-

happened to be sent to jail, any possibility of settlement of the

disputes will become bleak.

In the result, this petition for pre-arrest bail is

allowed. The petitioner is ordered to be released on bail on his

executing a bond with two solvent sureties for 30000/-(Rupees

Thirty Thousand only) each to the satisfaction of the arresting

officer or the court below having jurisdiction. Bail is granted on

condition that;

a) The petitioner shall report before the

investigating officer as and when required for interrogationand

the first petitioner shall report before the investigating officer

between 10 a.m. and 11 a.m. on all Mondays for a period of six

weeks.

b) The petitioner shall not in any manner influence

or intimidate the material witnesses, or they shall not have any

contact with the material witnesses directly or over telephone or

otherwise except for the settlement of the matrimonial dispute,

in case anybody intervened for such a course.

Sd/-

P. UBAID, JUDGE
bpr

//TRUE COPY//

P.A. TO JUDGE

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