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Judgments of Supreme Court of India and High Courts

Ayisha vs State Of Kerala on 5 March, 2019

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.
————————————
B.A. No. 1422 of 2019
————————————
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

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