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Accused vs Complainant on 18 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 18TH DAY OF OCTOBER 2019 / 26TH ASWINA, 1941

Bail Appl..No.6371 OF 2019

CRIME NO.217/2019 OF Thirurangadi Police Station, Malappuram

PETITIONER:-ACCUSED

1 RIYAS,
AGED 40 YEARS,
S/O.MUHAMMED KOYA, PUTHIYA PARAMBIL (H), KOOFA,
VELIMUKKU (P.O.), MALAPPURAM (DIST.)

2 BICHU,
AGED 68 YEARS,
W/O.MUHAMMED KOYA, PUTHIYA PARAMBIL (H), KOOFA,
VELIMUKKU (P.O.), MALAPPURAM (DIST.).

3 BEEVIJAAN ALIAS SUMAYA,
AGED 42 YEARS,
D/O.MUHAMMED KOYA, PUTHIYA PARAMBIL (H), KOOFA,
VELIMUKKU (P.O.), MALAPPURAM (DIST.).

BY ADVS.
SRI.AASHIQUE AKTHAR HAJJIGOTHI
SMT.KEERTHANA J. RAMESH
SRI.FAVAD PATHOOR

RESPONDENT:-COMPLAINANT

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

OTHER PRESENT:

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
18.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.6371 OF 2019
2

ALEXANDER THOMAS, J.

B.A.No.6371 of 2019

Dated this the 18th day of October, 2019

ORDER

The petitioners herein have been arrayed as accused Nos.1 to 3 in the

instant Crime No.217 of 2019 of Tirurangadi Police Station, Malappuram

District which has been registered for offences punishable under Sections

498A and Section406 IPC on the basis of the FI Statement given by the lady de

facto complainant on 18.05.2019 at about 4.15 p.m. in respect of the alleged

incidents that had happened for the period from 20.05.2014 to 18.05.2019.

The lady de facto complainant in this case is the wife of the first

petitioner(A1) and petitioners 2 and 3 (A2 and A3) are the mother and

sister respectively of the first petitioner (A1).

2. The prosecution case in short is that after the marriage of the

spouses, the petitioners have consistently treated the lady de facto

complainant with cruelty and harassment and that they have

misappropriated 40 sovereigns of gold ornaments and Rs.1.5 lakhs which

she got at the time of marriage from her parents and later they demanded
Bail Appl..No.6371 OF 2019
3

extra gold and had subjected her to cruelty and harassment, etc. and

thereby they have committed the aforesaid offences.

3. After hearing both sides, and after taking note of the facts and

circumstances, this Court is of the considered view that custodial

interrogation of the petitioners may not be necessary for the smooth and

effective conduct of the investigation.

4. Accordingly, it is ordered that in the event of the petitioners

being arrested by the Police in connection with Crime No.217 of 2019 of the

Tirurangadi Police Station, Malappuram District, then they shall be

released on bail on their separately executing bonds for Rs.40,000/-

(Rupees Forty Thousand only) each and on their separately furnishing two

solvent sureties for the like sum each to the satisfaction of the Investigating

Officer concerned. Further it is also ordered that the grant of bail will be

subject to the following conditions:-

(i) The petitioners shall not involve in any criminal offences
of similar nature.

(ii) The petitioners shall fully co-operate with the
investigation.

(iii) The petitioners shall report before the Investigating
Officer as and when required in that connection.

(iv) The petitioners shall not influence witnesses or shall not
tamper or attempt to tamper evidence in any manner,
whatsoever.

Bail Appl..No.6371 OF 2019
4

(v) If there is any violation of the abovesaid conditions by the
petitioners, then the jurisdictional court concerned will stand
hereby empowered, to consider the plea for cancellation of bail
at the appropriate time.

With these observations and directions, the above Bail

Application will stand finally disposed of.

Sd/-

ALEXANDER THOMAS
rkj JUDGE

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