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Ajasmon vs State Of Kerala on 25 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

MONDAY, THE 25TH DAY OF NOVEMBER 2019 / 4TH AGRAHAYANA, 1941

Bail Appl..No.8177 OF 2019

AGAINST THE ORDER/JUDGMENT IN CRMC 1925/2019 DATED 04-09-2019 OF
SESSIONS COURT, ERNAKULAM

CRIME NO.2140/2019 OF MOOVATTUPUZHA POLICE STATION, ERNAKULAM

PETITIONER/A1:

AJASMON
AGED 36 YEARS
S/O LATE BASHEER,
MUTHIRAKKALAYIL HOUSE,
PEZHAKKAPPILLY KARA,
ESTATE BHAGOM, MULAVOOR,
MUVATTUPUZHA, ERNAKULAM.

BY ADV. SRI.SHAJIN S.HAMEED

RESPONDENT/STATE:

STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN-682031.

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
25.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.8177 OF 2019

2

ALEXANDER THOMAS, J.

B.A No.8177 of 2019

Dated this the 25th day of November, 2019

ORDER

The petitioner herein has been arrayed as accused No.1 in the

instant Crime No.2140/2019 of Moovattupuzha Police Station, Ernakulam

registered for offences punishable under Secs.498A, 354, 341, 323 506

read with Sec.34 of the Indian Penal Code. The said crime has been

lodged on the basis of the First Information Statement given by the lady

de facto complainant on 11.08.2019 at about 7.30 p.m., in respect of the

alleged incidents, which happened for the period from 22.06.2019

onwards. The lady de facto complainant herein is the wife of the

petitioner herein (A-1). A-2 A-3 in this case are the brother and mother

of the petitioner herein (A-1). Accused No.3 has been granted bail by the

Sessions Court, Ernakulam, as per Annexure-B order dated 04.09.2019 in

Crl.M.C.No.1925/2019 of the Sessions Court, Ernakulam. Whereas,

accused No.2 has been granted anticipatory bail by this Court as per

Annexure-C order dated 09.10.2019 in B.A.No.6853/2019.
Bail Appl..No.8177 OF 2019

3

2. The brief of the prosecution case is that after the marriage of

the abovesaid spouses, the petitioner has treated the lady de facto

complainant with cruelty and harassment and that A-1 had demanded that

she should bring him more dowry amount. A-2 on 22.06.2019 had caught

hold of her body and her breast with sexual intent and that A-3 had caught

hold of her hair. All the other allegations are made mainly as against A-2

and A-3.

3. After hearing both sides and after careful evaluation of the

facts and circumstances of this case, this Court is inclined to take the view

that the custodial interrogation of the petitioner may not really be

necessary or warranted, for effectuating the smooth and fair conduct of

the investigation in this crime. Accordingly, it is ordered that in the event

of the petitioner being arrested in relation to the instant crime, he shall be

released on bail on his executing bond for Rs.40,000/- (Rupees Forty

Thousand only) and on his furnishing two solvent sureties for the like sum

each, both to the satisfaction of the Investigating Officer concerned.

However, the above order shall be subject to the following conditions:

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

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

Bail Appl..No.8177 OF 2019

4

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

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

If the petitioner violates 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 law.

With these observations and directions, the above Bail Application

will stand disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE
vgd

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