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Abdul Rafeek vs State Of Kerala on 14 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

THURSDAY, THE 14TH DAY OF FEBRUARY 2019 / 25TH MAGHA, 1940

Bail Appl..No. 6593 of 2018

CRIME NO. 1766/2018 OF PANDALAM POLICE STATION, PATHANAMTHITTA

PETITIONER/ACCUSED:

ABDUL RAFEEK, AGED 31 YEARS,
S/O BASHEER, KOTTOOR KIZHAKKATHIL,
PADINJATTAMKARA MURI, KOTTARAKKARA VILLAGE,
KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN- 691 506.

BY ADV. SRI.P.V.DILEEP

RESPONDENT/COMPLAINANT:

STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA- 682 031.

BY PUBLIC PROSECUTOR SRI. T. R. RENJITH

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.02.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 6593 of 2018 2

ORDER

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

2. The applicant herein is the accused in Crime No.1766 of

2018 registered at the Pandalam Police Station under Sections 498A,

294(b) 323 of the IPC. The de facto complainant is his wife.

3. According to the prosecution, marriage between the

applicant and the de facto complainant was solemnised in the month

of July, 2017. 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 the applicant are without basis. He

pointed out that though the provisions were 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 chances of settlement and reunion will be irrevocably

ruined.

Bail Appl..No. 6593 of 2018 3

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.

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

Bail Appl..No. 6593 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
//TRUE COPY// P.A.TO JUDGE
IAP

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