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Aleema A.T vs State Of Kerala on 29 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY ,THE 29TH DAY OF MARCH 2019 / 8TH CHAITHRA, 1941

Bail Appl..No. 2348 of 2019
CRIME NO. 80/2019 OF CHERPULASSERY POLICE STATION , PALAKKAD

PETITIONER:

ALEEMA A.T
AGED 60 YEARS
W/O. MOIDU MUSALIAR, KOLLATHU VEEDU,
THRIKATIRI P.O, OTTAPALAM TALUK, PALAKKAD DISTRICT.

BY ADV. SRI.P.JAYARAM

RESPONDENT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

SMT.PRIYA SHANAVAS, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.2348 of 2019
2

ALEXANDER THOMAS, J.

B.A.No.2348 of 2019

Dated this the 29th day of March, 2019

ORDER

The petitioner is the 3rd accused in Crime No.80 of 2019 of

Cherupulassery Police Station, Palakkad which has been registered for

offence punishable under Sec.498A read with Sec.34 of the IPC.

2. The brief of the prosecution case is that when the lady de facto

complainant and her daughter went to the petitioner’s house at around

9.30 a.m. on 15.03.2019 for enquiring about the gold jewellery in custody

of the petitioner, the de facto complainant was manhandled by the

petitioner and by her son, who is the husband of the de facto complainant

and the petitioner’s husband. It is stated that the petitioner’s husband is an

80 year old bed ridden man and who had suffered a massive stroke, etc.

The petitioner has made detailed averments regarding the pending

matrimonial disputes and that the allegations have been falsely foisted on

them.

3. Having regard to the nature of the allegations raised against the

petitioners in relation to the instant crime, this Court is inclined to

consider the plea for anticipatory bail. Accordingly, it is ordered that in the
B.A.No.2348 of 2019
3

event of the petitioners being arrested by police in connection with the

abovesaid crime, they shall be released on bail on their executing a bond for

Rs.40,000/- each and on furnishing two solvent sureties for the like sum,

both to the satisfaction of the Investigating Officer concerned.

(a) Petitioners shall not involve in any criminal offences of similar nature.

(b) Petitioners shall fully co-operate with the investigation.

(c) Petitioners shall report before the Investigating Officer as and when
required in that connection.

(d) Petitioners shall not influence witness or shall not tamper or attempt
to tamper evidence in any manner, whatsoever.

4. If the petitioners do not comply with the directions, then the
benefit of the directions issued by this Court will automatically stand
vacated without any further orders.

5. If the petitioners violate all or any of the bail conditions, then
the jurisdictional court concerned will stand hereby authorised, to
consider the plea for cancellation of bail, if required, 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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