IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 28TH DAY OF SEPTEMBER 2017/6TH ASWINA, 1939
Bail Appl..No. 6576 of 2017 ()
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CRIME NO. 828/2017 OF BINANIPURAM POLICE STATION, ERNAKULAM DISTRICT.
……
PETITIONERS/ACCUSED 1 TO 3:
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1. SHABEER,
AGED 37, S/O. HAMEED, KUNNATHUPARAMBIL HOUSE,
PANAYIKULAM DESOM, ALANGAD VILLAGE,
ALUVATALUK, ERNAKULAM DISTRICT.
2. SUBAIDA,
AGED 55, W/O. HAMEED, KUNNATHUPARAMBIL HOUSE,
PANNAYIKULAM DESOM, ALANGAD VILLAGE,
ALUVATALUK, ERNAKULAM DISTRICT.
3. SHAHINA,
AGED 40, D/O. HAMEED, KUNNATHUPARAMBIL HOUSE,
PANNAYIKULAM DESOM, ALANGAD VILLAGE,
ALUVATALUK, ERNAKULAM DISTRICT.
BY ADVS.SRI.SAIJO HASSAN,
SRI.BENOJ C AUGUSTIN,
SRI.RAFEEK. V.K.,
SRI.VISHNU BHUVANENDRAN,
SRI.U.M.HASSAN,
SMT.P.PARVATHY.
RESPONDENT/STATE:
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STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.SAJJU. S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 28-09-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
P.UBAID, J.
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B.A No.6576 of 2017
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Dated this the 28th September, 2017
O R D E R
The petitioners herein seek pre arrest bail under
Section 438 of the Code of Criminal Procedure on the
apprehension of arrest and custodial harassment in
connection with Crime No.828/2017 of the Binanipuram
Police Station registered under Sections 498A, 406 and 420
of the Indian Penal Code. They are the accused Nos.1 to 3
in the crime.
2. The de facto complainant in this case is the wife
of the 1st petitioner. She was married by him on
24.10.2010 and she has been residing separately since
April 2016. The 2nd petitioner is her mother-in-law and the
3rd petitioner is her sister-in-law. Her complaint is that she
had been mentally and physically ill-treated by her husband
and the in-laws by demanding more dowry or ornaments
and even otherwise, and that some of the ornaments were
misappropriated by them.
3. On a perusal of the complaint,I find that her
matrimony with the 1st petitioner stands strained and I find
B.A No.6576 of 2017
2
reason to believe that the present complaint is the result of
the strained matrimony. The complaint does not contain
any definite allegations of cruelty and harassment by a
course of cruel conduct, as meant under Section 498A I.P.C
as against the in-laws. The genuineness of the allegations of
cruelty is a matter for decision on trial. I find that
interrogation of the petitioners in custody is not required in
this case. It will suffice that the petitioners are directed to
report before the Investigating Officer for necessary
interrogation.
In the result, this petition for pre arrest bail is allowed.
The petitioners are ordered to be released on bail on their
executing bond with two solvent sureties for 40,000/-
(Rupees Fourty thousand only) each to the satisfaction of
the arresting officer or the court below having jurisdiction, in
case of their arrest in connection with Crime No.828/2017 of
the Binanipuram Police Station. Bail is granted on conditions
that:
a. The petitioners shall report before the
Investigating Officer as and when required by him
B.A No.6576 of 2017
3
and the 1st petitioner shall so report between
10.00 a.m and 11 p.m on all Thursdays for two
months.
b. The petitioners shall not leave the
limits of the Binanipuram Police Station for two
months.
c. The petitioners shall not in any manner
influence or intimidate the witnesses and shall
not have any contact with the material witnesses
except for the purpose of settlement of the
dispute amicably in case anybody intervened for
such a course.
Sd/-
P.UBAID
JUDGE
ma
/True copy/
P.S to Judge