IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 5TH DAY OF MARCH 2019 / 14TH PHALGUNA, 1940
BAIL APPL.NO. 1422 OF 2019
CRIME NO. 117/2019 OF VATAKARA POLICE STATION , KOZHIKODE
PETITIONER/S:
1 AYISHA,
AGED 35 YEARS
D/O. ABDULLA,NALUPURAYKAL HOUSE, MUTHUVANA P.O,
PAYYOLI, KOZHIKODE
2 NAFEESA,
AGED 55 YEARS
W/O. ABDULLA,NALUPURAYKAL HOUSE, MUTHUVANA P.O,
PAYYOLI, KOZHIKODE.
BY ADVS.
SRI.NIDHI BALACHANDRAN
SRI.SABU GEORGE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKLUAM-682031,
2 SUB INSPECTOR OF POLICE,
VADAKARA POLICE STATION, 673101.
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
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B.A. No. 1422 of 2019
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Dated this the 5th day of March, 2019
ORDER
Heard Sri.Nidhi Balachandran, learned counsel
appearing for the petitioner accused and Sri.Amjad Ali, learned
Prosecutor appearing for the respondents.
2. The petitioners are A-2 A-3 in Crime No.117/2019 of
Vatakara Police Station wherein the offences alleged thereunder are
those punishable u/s 498A, 406, 323 r/w 34 of the Indian Penal
Code. The FIR in respect of the aforementioned crime has been
registered on the basis of directions issued by the learned Magistrate
on the file of Criminal Complaint filed by the defacto complainant to
conduct police investigation in terms of Sec.156/3 of Cr.P.C. The
defacto complainant is the wife of A1 (who is not a petitioner
herein), and sister in law and daughter in law of 1 st petitioner (A2)
and 2nd petitioner (A3) respectively. The marriage between the
defacto complainant and A1 was solemnised on 18.7.2018 and it was
the second marriage of both the parties. A1 is presently in abroad in
connection with employment.
3. After having heard both sides and having due regard to
the nature of the allegations disclosed in the above crime, this Court
is of the considered view that the plea for grant for pre-arrest could
B.A. No. 1422 / 2019
..3..
be considered in this matter. Accordingly it is ordered that in the
event of A2 and A3 being arrested by police in connection with the
abovesaid crime, they shall be released on executing bond for
Rs.35,000/- each and on furnishing two solvent sureties for the like
sum, both to the satisfaction of the investigating officer concerned.
4. Further it is also ordered that it will be subject to the
following conditions:-
(1) The petitioner shall not involve in any criminal offences
of similar nature.
(2) The petitioner shall fully co-operate with the
investigation.
(3) The petitioner shall report before the investigating
officer as and when required in that connection.
(4) The petitioner shall not influence witness or shall not
tamper or attempt to tamper evidence in any manner,
whatsoever.
(5) If there is any violation of the abovesaid conditions by
the petitioner 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
MMG
