Crime No. 828/2017 Of Binanipuram … vs Shabeer on 28 September, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID

THURSDAY, THE 28TH DAY OF SEPTEMBER 2017/6TH ASWINA, 1939

Bail Appl..No. 6576 of 2017 ()
——————————-
CRIME NO. 828/2017 OF BINANIPURAM POLICE STATION, ERNAKULAM DISTRICT.
……

PETITIONERS/ACCUSED 1 TO 3:
————————————————-

1. SHABEER,
AGED 37, S/O. HAMEED, KUNNATHUPARAMBIL HOUSE,
PANAYIKULAM DESOM, ALANGAD VILLAGE,
ALUVATALUK, ERNAKULAM DISTRICT.

2. SUBAIDA,
AGED 55, W/O. HAMEED, KUNNATHUPARAMBIL HOUSE,
PANNAYIKULAM DESOM, ALANGAD VILLAGE,
ALUVATALUK, ERNAKULAM DISTRICT.

3. SHAHINA,
AGED 40, D/O. HAMEED, KUNNATHUPARAMBIL HOUSE,
PANNAYIKULAM DESOM, ALANGAD VILLAGE,
ALUVATALUK, ERNAKULAM DISTRICT.

BY ADVS.SRI.SAIJO HASSAN,
SRI.BENOJ C AUGUSTIN,
SRI.RAFEEK. V.K.,
SRI.VISHNU BHUVANENDRAN,
SRI.U.M.HASSAN,
SMT.P.PARVATHY.

RESPONDENT/STATE:
———————————

STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.SAJJU. S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 28-09-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.

P.UBAID, J.
~~~~~~~~~~
B.A No.6576 of 2017
~~~~~~~~~~~
Dated this the 28th September, 2017

O R D E R

The petitioners herein seek pre arrest bail under

Section 438 of the Code of Criminal Procedure on the

apprehension of arrest and custodial harassment in

connection with Crime No.828/2017 of the Binanipuram

Police Station registered under Sections 498A, 406 and 420

of the Indian Penal Code. They are the accused Nos.1 to 3

in the crime.

2. The de facto complainant in this case is the wife

of the 1st petitioner. She was married by him on

24.10.2010 and she has been residing separately since

April 2016. The 2nd petitioner is her mother-in-law and the

3rd petitioner is her sister-in-law. Her complaint is that she

had been mentally and physically ill-treated by her husband

and the in-laws by demanding more dowry or ornaments

and even otherwise, and that some of the ornaments were

misappropriated by them.

3. On a perusal of the complaint,I find that her

matrimony with the 1st petitioner stands strained and I find

B.A No.6576 of 2017
2

reason to believe that the present complaint is the result of

the strained matrimony. The complaint does not contain

any definite allegations of cruelty and harassment by a

course of cruel conduct, as meant under Section 498A I.P.C

as against the in-laws. The genuineness of the allegations of

cruelty is a matter for decision on trial. I find that

interrogation of the petitioners in custody is not required in

this case. It will suffice that the petitioners are directed to

report before the Investigating Officer for necessary

interrogation.

In the result, this petition for pre arrest bail is allowed.

The petitioners are ordered to be released on bail on their

executing bond with two solvent sureties for 40,000/-

(Rupees Fourty thousand only) each to the satisfaction of

the arresting officer or the court below having jurisdiction, in

case of their arrest in connection with Crime No.828/2017 of

the Binanipuram Police Station. Bail is granted on conditions

that:

a. The petitioners shall report before the

Investigating Officer as and when required by him

B.A No.6576 of 2017
3

and the 1st petitioner shall so report between

10.00 a.m and 11 p.m on all Thursdays for two

months.

b. The petitioners shall not leave the

limits of the Binanipuram Police Station for two

months.

c. The petitioners shall not in any manner

influence or intimidate the witnesses and shall

not have any contact with the material witnesses

except for the purpose of settlement of the

dispute amicably in case anybody intervened for

such a course.

Sd/-

P.UBAID
JUDGE
ma

/True copy/

P.S to Judge

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