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Aliya V vs The State Of Kerla on 10 December, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941

Bail Appl..No.8445 OF 2019

CRIME NO.352/2019 OF Changaramkulam Police Station , Malappuram

PETITIONERS/ACCUSED NOS.6 AND 7:

1 ALIYA V.,
AGED 27 YEARS
D/O.MOIDU, VALIYAKATH HOUSE, AYILAKKAD (PO), PIN –
676 576, KOLALAMBU AMSOM, AYILAKKAD DESOM, EDAPPAL,
MALAPPURAM DISTRICT.

2 SHABNA V.,
AGED 29 YEARS
W/O.SHAWKATHALI, VALIYAKATH HOUSE, AYILAKKAD (PO),
PIN – 676 576, KOLALAMBU AMSOM, AYILAKKAD DESOM,
EDAPPAL, MALAPPURAM DISTRICT.

BY ADVS.
SRI.JAMSHEED HAFIZ
SMT.T.S.SREEKUTTY

RESPONDENT/COMPLAINANT:

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

OTHER PRESENT:

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.8445 OF 2019 2

ALEXANDER THOMAS, J.
—————————————–
B.A. No. 8445 of 2019
—————————————–
Dated this the 10th day of December, 2019

ORDER

The petitioner herein have been arrayed as accused Nos.6 and 7

among the 7 accused in the instant Crime No.352/2019 of

Changaramkulam Police Station wherein the offences initially alleged

therein were those punishable under Secs. 498A, 506 and 34 of the SectionIPC.

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

abovesaid spouses on 8.7.2012, the petitioners have misappropriated the

gold ornaments of the lady defacto complainant coming to 102 sovereigns

which she received from her parents at the time of marriage, and that they

have also misappropriated Rupees Twenty Five Lakhs, and that the accused

persons have demanded her to bring more gold and to purchase more

property, and that A2 used to behave in sexually unwelcomed manner with

the lady defacto complainant, etc.

3. This Court has already granted anticipatory bail to accused Nos.

1 to 5 in this case as per the order dated 13.11.2019 rendered in

B.A.No.7735/2019. Accordingly, after hearing both sides and after careful

evaluation of the facts and circumstances of this case, this Court is of the

considered view that the custodial interrogation of the petitioners ( A6 and

A7) may not be necessary for effectuating smooth and fair conduct of the
Bail Appl..No.8445 OF 2019 3

investigation of this crime.

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

being arrested by police in connection with the abovesaid crime, 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 each for the like sum, both to the satisfaction of the

Investigating Officer concerned.

5. Further it is also ordered that the grant of bail will be subject to

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.

6. If there is any violation of the abovesaid conditions by the

petitioners then the jurisdictional court concerned 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 disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE

SKS

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