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Anwarsha vs The State Of Kerala on 10 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 10TH DAY OF APRIL 2019 / 20TH CHAITHRA, 1941

Bail Appl..No. 2410 of 2019

AGAINST THE ORDER/JUDGMENT IN CRMC 382/2019 of DISTRICT COURT
SESSIONS COURT,KOLLAM DATED 28-03-2019

CRIME NO. 164/2019 OF Chavara Police Station , Kollam

PETITIONER/S:
1 ANWARSHA, AGED 31 YEARS, S/O.SHIHABUDEEN,MULLIYIL
KIZHAKKATHIL, MUKUNDAPURAM .P.O,CHAVARA,
KOLLAM DISTRICT.

2 RAMLA BEEVI,AGED 52 YEARS, W/O SHIHABUDEEN,MULLIYIL
KIZHAKKATHIL,MUKUNDAPURAM.P.O,CHAVARA,KOLLAM
DISTRICT.

3 SHIHANA,AGED 24 YEARS, D/O.SHIHABUDEEN,MULLIYIL
KIZHAKKATHIL,MUKUNDAPURAM.P.O,CHAVARA,KOLLAM
DISTRICT.

4 KASSIM,AGED 56 YEARS, S/O.MOIDEENKUNHU,KOTTAKKAKATH
PADINJATTATHIL,MUKUNDAPURAM.P.O,
CHAVARA,KOLLAM DISTRICT.

BY ADV. SRI.K.RAKESH
RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,
KOCHI-682031.

2 THE STATION HOUSE OFFICER, CHAVARA POLICE
STATION,KOLLAM DISTRICT,

OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.

B.A.No. 2410 of 2019

Dated this the 10th day of April, 2019
ORDER

The petitioners herein are accused Nos.1 to 4 in Crime No.

164/2019 of Chavara Police Station, which has been registered for

offences punishable under Sec. 498A read with Sec. 34 of the I.P.C.

2. The prosecution case is that on 2.5.2016, the 1 st petitioner

married the defacto complainant and while they were living together

in the house of the petitioners, the accused persons misappropriated

her gold ornaments and also subjected her to cruelty, etc.

3. Having heard both sides and having regards to the facts

and circumstances of this case, this Court is of the view that the plea

for pre-arrest bail could be considered. Accordingly, it is ordered that

in the event of the petitioners being arrested by the Police in

connection with the abovesaid crime, they shall be released on bail on

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

furnishing two solvent sureties for the like sum, each to the

satisfaction of the Investigating Officer concerned.

Further it is also ordered that it will be subject to following
B.A.No.2410/19 – : 3 :-

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.

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 disposed of.

Sd/-

sdk+ ALEXANDER THOMAS, JUDGE

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