IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
WEDNESDAY, THE 16TH DAY OF OCTOBER 2019 / 24TH ASWINA, 1941
Bail Appl..No.7111 OF 2019
CRIME NO.549/2019 OF OTTAPALAM POLICE STATION, PALAKKAD
APPLICANTS/ACCUSED NOS.2, 3, 5 6:
1 ABDUL RAHMAN.K
AGED 64 YEARS
S/O.KADHAR, K.A.MANZIL, PIRAYIRI, PALLIPURAM,
PALAKKAD.
2 SEFIYA.P.A
AGED 56 YEARS
W/O.ABDHUL RAHMAN, K.A.MANZIL, PIRAYIRI, PALLIPPURAM,
PALAKKAD
3 ABDHDUL KADHAR
AGED 58 YEARS
S/O.HAMEED WRONGLY STATED IN FIR AS AHAMMED,
19TH MILE, S.R.K. NAGAR, OTTAPALAM, PALAKKAD.
4 MUJEEB
AGED 35 YEARS
S/O.KABEER, PANNIYAMPADAM,MUNDUR, PALAKKAD
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682031
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A No.7111 of 2019
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ALEXANDER THOMAS, J.
B.A No.7111 of 2019
Dated this the 16th day of October, 2019
ORDER
The petitioners herein have been arrayed as accused Nos.2, 3, 5
and 6 among the six accused in the instant Crime No.549/2019 of
Ottappalam Police Station, Palakkad, which has been registered for
offences punishable under Secs.498A, 406, 420 149 of the SectionIPC, on the
basis of the First Information Statement given by the lady de facto
complainant on 07.09.2019 at about 9.50 p.m., in respect of the alleged
incident which happened for the period from 24.11.2018 to 11.01.2019.
The lady de facto complainant in this case is the wife of A-1. A-2 to A-6
are father, mother, brother, father’s brother and A-3’s sister’s son
respectively of A-1. A-1 A-4 are now abroad. Petitioners 1 to 4 herein
are accused Nos.2, 3, 5 6 respectively in the said FIR.
2. The prosecution case in short is that after the marriage of the
abovesaid spouses, the petitioners have consistently treated the lady
with cruelty and harassment and that they had misappropriated her
gold ornaments coming to 55 sovereigns and that they have demanded
B.A No.7111 of 2019
3
for more dowry, etc.
3. The learned counsel for the petitioners would point out that
the abovesaid allegations are false and baseless and further that
Annexure-B produced along with this petition is the copy of receipt
issued by the lady de facto complainant in her own handwriting stating
that she has already received back her gold ornaments in question.
4. 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 herein may not be necessary, for the smooth and
effective conduct of the investigation in this crime. Accordingly, it is
ordered that in the event of the petitioners being arrested in connection
with the abovesaid crime, they shall be released on bail on their
separately executing bond for Rs.40,000/- (Rupees Forty Thousand
only) and on their separately furnishing two solvent sureties for the like
sum, each to the satisfaction of the Investigating Officer concerned.
5. However, 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.
B.A No.7111 of 2019
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(iii) The petitioners shall report before the Investigating
Officer as and when required in that connection.
(iv) The petitioners shall not influence the witnesses or
shall not tamper or attempt to tamper evidence in any
manner, whatsoever.
(v) 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 appropiate time.
With these observations and directions, the above Bail Application
will stand disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
vgd
