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Crime No. 208/2019 Of Thenmala … vs By Adv. Sri.S.Sreekumar (Kollam) 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. 2421 of 2019
CRIME NO. 208/2019 OF THENMALA POLICE STATION , KOLLAM

PETITIONER/1ST ACCUSED

SHAHID Y
AGED 35 YEARS
S/O YOOSAF KUNJU, RESIDING AT SHABEER MANZIL,
KARALIKONAM, ARKKANNOR, ANACHAL, KOLLAM DISTRICT.

BY ADV. SRI.S.SREEKUMAR (KOLLAM)

RESPONDENTS/STATE:

1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.

2 THE SUB INSPECTOR OF POLICE
THENMALA POLICE STATION, KOLLAM DISTRICT-691 308.

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.04.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.2421 of 2019
2

ALEXANDER THOMAS, J.

B.A.No.2421 of 2019

Dated this the 10th day of April, 2019

ORDER

The petitioner is accused No.1 in Crime No.208/2019 of the

Thenmala Police Station, Kollam District, which has been registered for

offences punishable under Sec.498A r/w Sec.34 of the IPC.

2. The petitioner (A1) is the husband of the lady de facto

complainant on whose First Information Statement, the abovesaid crime

has been registered. Accused No.2 is the petitioner’s father. The brief of

the prosecution case is that after the marriage of the lady de facto

complainant with the petitioner (A1), she has been subjected to cruelty and

harassment and that the petitioner had taken away her entire gold

ornaments, cash, etc. and behaved cruelly for more dowry, etc.

3. Having heard both sides and having noted the nature of the

allegations raised by the petitioner, this Court is of the considered view that

the plea of anticipatory bail could be considered in this case subject to

certain stringent conditions. Accordingly, the following directions and

orders are passed:

B.A.No.2421 of 2019
3

(i) The petitioner will immediately personally appear before the

Investigating Officer in relation to the above crime for interrogation

purposes at 10 a.m. on any day on or before 24.04.2019 and to subject

himself for interrogation process.

(ii) The petitioner will fully co-operate with the Investigating

Officer in the above interrogation process. In case, the interrogation

process is not over on the same day, then the Investigating Officer will be at

liberty to direct the petitioner to appear before him for further

interrogation on the next day or any day fixed by him, upon whom the

petitioner has to comply with the said direction and will co-operate with

the further interrogation process.

(iii) After completing the above interrogation process, in case the

Investigating Officer records the arrest of the petitioner, then he shall be

released on bail on his executing a bond for Rs.40,000/- (Rupees Forty

Thousand only) and on furnishing two solvent sureties for the like sum

both to the satisfaction of the Investigating Officer concerned. However,

the grant of bail is subject to the following conditions:

(a) The petitioner shall not involve in any criminal offences

of similar nature.

(b) The petitioner shall fully co-operate with the

investigation.

B.A.No.2421 of 2019
4

(c) The petitioner shall report before the Investigating

Officer as and when required in that connection.

(d) The petitioner shall not influence witnesses or shall not

tamper or attempt to tamper evidence in any manner,

whatsoever.

(iv) If the petitioner does not comply with the directions issued by this

Court subject to interrogation process, then the benefit of the directions

issued by this Court will automatically stand vacated without any further

orders of this Court.

If the petitioner violates 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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