—
Kerala High Court
Suhash. P vs State Of Kerala on 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
RD
FRIDAY, THE 23
DAY OF FEBRUARY 2024 / 4TH PHALGUNA,
1945
BAIL APPL. NO. 1246 OF 2024
CRIME NO.38/2024 OF Panniankara Police Station, Kozhikode
PETITIONERS/ACCUSED NO.1 TO 6:
1
UHASH.
S P
AGED
36
YEARS
S/O
HAMEED,
POTTAMMEL
HOUSE,
VADAKEVEETIL
PARAMBU, THIRUVANOOR P.O,
KOZHIKODE
DT-,
PIN – 673029
2
AMEED
H AGED
62
YEARS
POTTAMMEL
HOUSE,
VADAKEVEETIL
PARAMBU, THIRUVANOOR P.O, KOZHIKODE DT-, PIN – 673029
3
UBAIDHA
S AGED
55
YEARS
W/O
HAMEED,
POTTAMMEL
HOUSE,
VADAKEVEETIL
PARAMBU,
THIRUVANOOR
P.O,
KOZHIKODE
DT-,
PIN – 673029
4
ASNA
F AGED 33
YEARS D/O
HAMEED,
POTTAMMEL HOUSE,
VADAKEVEETIL
PARAMBU,
THIRUVANOOR
P.O,
KOZHIKODE
DT-,
PIN – 673029
5
AFUVAN
S AGED 22
YEARS
S/O
HAMEED,
POTTAMMEL HOUSE,
VADAKEVEETIL
PARAMBU, THIRUVANOOR
P.O,
KOZHIKODE
DT-,
PIN – 673029
6
OORUL
N FIDAS
AGED
40
YEARS
H/O
FASNA,
POTTAMMEL
HOUSE,
VADAKEVEETIL
PARAMBU, THIRUVANOOR
P.O, KOZHIKODE
DT-,
PIN – 673029
BY
ADVS.
M.MUHAMMED
SHAFI
MUHAMMED
ANEEF
PULUKKOOL
B.A.NO.1246 OF 2024
2
T.RASINI ADHEELA NOWRIN
RESPONDENT/COMPLAINANT:
STATE
OF
KERALA
REPRESENTED
BY
PUBLIC
PROSECUTOR,HIGH
OURT OF KERALA, PIN – 682031
C
SR.PP-SRI.RENJIT GEORGE
BY SRI.VIPIN NARAYANAN – SR.PP
THIS
BAIL
APPLICATION
HAVING
COME
UP
FOR
ADMISSION
ON
23.02.2024,
HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T
B.A.NO.1246 OF 2024
3
RDER
O
Dated this the 23rd day of February, 2024
This isanapplicationforanticipatorybailunder
Section 438 of Cr.P.C. filed by accused Nos.1 to 6 in
crime No.38 of 2024 of Panniyankara Police Station,
Kozhikode, registered under Sections 498A and 406 of
IPC.
2. The prosecution allegation is that the
petitioners, who are the husband and in-laws of the
defacto complainant, subjected her to matrimonial
cruelties demanding more money and gold. The 1st
petitioner husband misappropriated her gold ornaments
and patrimony amount of Rs.5,00,000/-.
3. Heard learned counsel for the petitioners and
learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail
application.
5. Learned counsel for the petitioners would
B.A.NO.1246 OF 2024
4
submit that the petitioners have subjected the defacto
complainanttomatrimonialcruelties,andtheyareready
to abide by any conditions imposed by this Court.
6. Since this being a family dispute, the chances
of settlement, if any, will be foreclosed forever, if the
petitioners are sent to jail.
Consideringthataspect,thisCourtisinclinedto
allow this bail application on the following terms:
(i) The 1st petitioner husband is directed to surrender
beforetheInvestigatingOfficeronorbefore11.03.2024,
and subject himself for interrogation. The Investigating
Officer shall interrogate him to collect all materials and
evidence, relevant for the purpose of investigation, and
in the event of arrest, he shall be released on bail on
executing bond for Rs.50,000/-(Rupees Fifty Thousand
only), with two solvent sureties each for thelikesumto
the satisfaction of the arresting officer;
B.A.NO.1246 OF 2024
5
(ii) In the event of arrest of petitioners 2 to 6, they
shall be released on bail on executing bond for
Rs.50,000/-(Rupees Fifty Thousand only), each with two
solvent sureties each for the like sum to the satisfaction
of the arresting officer;
(iii)Thereafter, the petitioners shall appear before the
Investigating Officer as and when directed.
(iv) The petitioners shall not influence or intimidate the
witnesses or tamper with the investigation.
(v)Thepetitionersshallnotcommitanyoffencewhileon
bail.
(vi) In case of violation of any of the aforesaid
conditions, the trial court is empowered to cancel their
bail, in accordance with law
d/-
S
SOPHY THOMAS
JUDGE
SSK/23/02
B.A.NO.1246 OF 2024
6
APPENDIX OF BAIL APPL. 1246/2024
PETITIONER ANNEXURES
Annexure A1
TRUE
COPY
OF
THE
FIR
IN
CRIME
NO.
38/2024
OF
PANNIANKARA POLICE STATION, KOZHIKODE
