IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 08TH DAY OF NOVEMBER 2019 / 17TH KARTHIKA, 1941
Bail Appl..No.7745 OF 2019
CRIME NO.383/2019 OF Chandera Police Station , Kasargod
PETITIONER/S:
1 AHMED SHEREEF, AGED 30 YEARS
S/O.ABDUL RAHIMAN, THAYAKALAKKANDI HOUSE, PAYYAKI,
CHERUVATHUR VILLAGE, CHANDERA, KASARGOD DISTRICT.
2 SEENATH A., AGED 44 YEARS
W/O.ABDUL RAHIMAN, THAYALAKKANDI HOUSE, PAYYAKI,
CHERUVATHUR VILLAGE, CHANDERA, KASARGOD DISTRICT.
3 AYISHA A., AGED 26 YEARS
D/O.ABDUL RAHIMAN, THAYALAKKANDI HOUSE, PAYYAKI,
CHERUVATHUR VILLAGE, CHANDERA, KASARGOD DISTRICT.
4 AFREENA A., AGED 19 YEARS
S/O.ABDUL RAHIMAN, THAYALAKKANDI HOUSE, PAYYAKI,
CHERUVATHUR VILLAGE, CHANDERA, KASARGOD DISTRICT.
BY ADVS.
SRI.RAHUL SASI
SMT.NEETHU PREM
RESPONDENT/S:
1 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.
2 THE STATION HOUSE OFFICER,
CHANDERA POLICE STATION,
KASARGOD DISTRICT – 671 310.
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Bail Appl..No.7745 OF 2019
ALEXANDER THOMAS, J.
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B.A.No.7745 Of 2019
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Dated this the 8th day of November, 2019.
ORDER
The petitioners herein are the accused Nos.1 to 4 in the
instant Crime No.383/2019 of Chandera Police Station, Kasargode
District, which has been registered for offences punishable under
Sec.498A of the SectionI.P.C, on the basis of the FI statement given by the
lady de facto complainant on 7.10.2019 at about 8:25 p.m. in
respect of the incidents happened for the period from 1.12.2018 to
24.9.2019. The lady de facto complainant in this case is the wife of
the 1st petitioner herein (A1) and petitioners 2 to 4 (A2 to A4) are
the mother and two sisters respectively of the 1st petitioner (A1).
2. The prosecution case in short is that after the marriage
of the abovesaid spouses, the petitioners have treated her with
cruelty and harassment and that A1 had thereafter started illicit
relationship with another woman when he was in Gulf country and
when she questioned that, he got enraged at that and had treated
her with cruelty and harassment and on December, 2018,
demanded her to bring some gold ornaments and accused Nos.2 to
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Bail Appl..No.7745 OF 2019
4 have acted in concern with A1 and that thereby they have
committed the offences.
3. After hearing both sides and on a careful evaluation of
the facts and circumstances, this Court is inclined to take the view
that custodial interrogation of the petitioners may not be really
warranted for the effectuating smooth and effective conduct of the
investigation.
4. Accordingly, it is ordered that in the event of the
petitioners being arrested in connection with Crime No.383/2019
of Chandera Police Station, Kasargode District, then they shall be
released on bail on their separately executing bonds for
Rs.40,000/- (Rupees Forty Thousand only) and on separately
furnishing 2 solvent sureties for the like sum each to the
satisfaction of the Investigating Officer concerned. However, the
above order shall 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 witness or shall
not tamper or attempt to tamper evidence in any
manner, whatsoever.
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Bail Appl..No.7745 OF 2019
In case of violation of any of the above conditions, the
jurisdictional Court concerned will stand hereby empowered to
consider the application for cancellation of bail, if required, and
pass appropriate orders in accordance with the law.
With these observations and directions, the above Bail
Application stands disposed of.
Sd/-
ALEXANDER THOMAS,
Judge.
bkn/-
