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Abdul Khader vs State Of Kerala on 15 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

TUESDAY, THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940

Bail Appl..No. 8021 of 2018

CRIME NO. 305/2018 OF PERINGOME POLICE STATION, KANNUR

PETITIONERS/ACCUSED NO.2 AND 3:

1 ABDUL KHADER
AGED 65 YEARS
S/O MAMMU, S.K. HOUSE, PERUMBA,
PAYYANNUR P.O, KANNUR DISTRICT.

2 BEEFATHIMA S.K,
AGED 58 YEARS
W/O ABDUL KHADER,S.K.HOUSE,PERUMBA,
PAYYANNUR P.O.KANNUR DISTRICT.

BY ADV. SRI.B.MUHAMMED SHAHEEL

RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, COCHIN-682018. (INVESTIGATING
OFFICER IN CRIME NO. 305/2018 OF PERINGOME POLICE
STATION, KANNUR DISTRICT).

SMT.K.SHEEBA, PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15.01.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 8021 of 2018 2

ORDER

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

2. The applicants herein are accused Nos.2 and 3 in Crime

No.305 of 2018 of the Peringome Police Station, registered under

Section 498A of the IPC.

3. De facto complainant is the daughter-in-law of the

applicants. The 1st accused is her husband. Their marriage was

solemnised on 31.03.2013 and the spouses are also blessed with a

child. In her complaint, she has levelled acts of ill-treatment and

harassment by the 1st accused demanding dowry. It is also alleged

that after pronouncing Talaq, he has married another lady and refused

to maintain the de facto complainant. Insofar as the applicants are

concerned, it is alleged that they have aided and abetted the 1 st

accused to perpetrate the offence.

4. The learned counsel appearing for the applicants submitted

that there is no truth in the allegations. According to the learned

counsel, the entire allegations are raised against the 1 st accused and

the applicants are innocent.

Bail Appl..No. 8021 of 2018 3

5. The learned Public Prosecutor, on instructions, submitted

that the main allegations are against the 1st accused.

6. I have considered the submissions advanced. After going

through the materials on record, it does not appear that any serious

accusations have been made against the applicants. I am of the

considered view that the custodial interrogation of the applicants are

not necessary for an effective investigation in the instant case.

In the result, this application will stand allowed. The

applicants shall appear before the investigating officer within ten days

from 19.1.2019 and shall undergo interrogation. Thereafter, if they

are proposed to be arrested, they shall be released on bail on their

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

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

order shall be subject to the following conditions:

(i) The applicants shall co-operate with the investigation
and shall appear before the Investigating Officer as and
when they are called upon to do so.

ii) They 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.

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

Bail Appl..No. 8021 of 2018 4

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
IAP

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