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Abdul Khabeer vs State Of Kerala on 21 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 21ST DAY OF JANUARY 2019 / 1ST MAGHA, 1940

Bail Appl..No. 8821 of 2018

CRIME NO.349/2018 OF PERINGOME POLICE STATION, KANNUR

PETITIONER/ACCUSED:

ABDUL KHABEER, AGED 31 YEARS
S/O.ABOOBACKER, KUNDILE PURAYIL HOUSE,
PANAMKUTTY, CHITTADI.P.O, THIMIRI AMSOM DESOM,
KANNUR DISTRICT.

BY ADV. SRI.THOMSTINE K.AUGUSTINE

RESPONDENT/COMPLAINANT:

STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
(REPRESENTING STATION HOUSE OFFICER, PERINGOME,
KANNUR DISTRICT).

OTHER PRESENT:
SRI. REJITH T. R.-PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.01.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA:8821/18 2

ORDER

This application is filed under Section 438 of the Cr.P.C.

2. The applicant herein is the accused in Crime No.349 of

2018 registered at the Peringome Police Station under Section 498A

r/w. Sec. 34 of the IPC. The de facto complainant is his wife.

3. In the complaint lodged by her before the learned

Magistrate, it is alleged that her marriage with the applicant was

solemnised in the year 2015. While residing together, he is alleged

to have subjected her to persistent mental and physical harassment

demanding dowry.

4. The learned counsel appearing for the applicant submitted

that the allegations levelled against him are without basis. The de

facto complaint is a relative of the applicant and she was earlier

married to another man. It was after her divorce from her former

husband that she married the applicant. He points out that though

the provision was enacted to check and curb the menace of dowry,

in the instant case, the provisions are being misused. The complaint

has been filed in the heat of the moment and, according to the

learned counsel, if the applicant is arrested and remanded, the
BA:8821/18 3

chances of settlement and reunion will be irrevocably ruined.

5. Heard the learned Public Prosecutor and I have perused

the materials made available. The allegations now levelled do not

appear to be grave warranting arrest and detention of the applicant,

who is the husband of the de facto complainant. I am of the

considered view that the custodial interrogation of the applicant is

not necessary for an effective investigation in the instant case.

In the result, this application will stand allowed. The

applicant shall appear before the investigating officer within ten days

from today and shall undergo interrogation. Thereafter, if he is

proposed to be arrested, he shall be released on bail on his

executing a bond for a sum of Rs.40,000/- (Rupees Forty thousand

only) with two solvent sureties each for the like sum. The above

order shall be subject to the following conditions:

(i) The applicant shall co-operate with the investigation
and the shall appear before the Investigating Officer on
every Saturdays between 10 A.M and 1 P.M. for a period
of one month or till final report is filed whichever is
earlier.

ii) He shall not directly or indirectly make any
inducement, threat or 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.

BA:8821/18 4

iii) He shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the application

for cancellation, if any, and pass appropriate orders in accordance

with the law.

Sd/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
krj

//TRUE COPY// P.A. TO JUDGE

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