IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY ,THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940
Bail Appl..No. 1729 of 2019
AGAINST THE ORDER IN CRMC 3463/2018 OF DISTRICT COURT SESSIONS
COURT, PALAKKAD DATED 07-01-2019
CRIME NO.876/2018 OF OTTAPALAM POLICE STATION, PALAKKAD
APPLICANT/ACCUSED NO.1:
RASHEED
AGED 42 YEARS
S/O.VEERAN, CHOLAYIL HOUSE, PAVUKKONAM.POST,
OTTAPALAM, PALAKKAD.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.03.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.1729 of 2019
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ALEXANDER THOMAS, J.
B.A.No.1729 of 2019
Dated this the 07th day of March, 2019
ORDER
The applicant herein, who is the 1 st accused in Crime
No.876/2018 of Ottappalam Police Station, has approached this
Court seeking grant of pre-arrest bail, in terms of Sec.438 of Code of
Criminal Procedure, 1973.
2. Heard Sri.Johnson Varikkappallil, learned counsel
appearing for the applicant (A1) and Sri.Amjad Ali, learned Public
Prosecutor appearing for respondent-State. The above crime has
been registered for offences punishable under Sec.498A read with
Sec.34 of the IPC. The brief of the prosecution case is that the
applicant/A1/husband, who had married the defacto complainant
on 06.08.2013 and she was subjected to mental and physical torture
by the accused bargaining more dowry and even after using 130
sovereigns of jewels received by her at the time of marriage and cash
amounting to Rs.22 lakhs received by her on several occasions from
her brothers, etc.
3. It is seen that the plea for anticipatory bail filed by A2
B.A.No.1729 of 2019
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A3 (who are the parents of the applicant) has already been granted
by the Sessions Court as per Annexure-A order dated 07.01.2019
rendered by the Sessions Court, Palakkad in Crl.M.C.No.3463/2018.
4. Having regard to the facts and circumstances of this case
and more particularly, in the nature of the offences alleged and the
overall factual aspects of this case, this Court is inclined to consider
the plea of the petitioner for pre-arrest bail.
5. Accordingly, it is ordered that in the event of the
petitioner being arrested by police in connection with the abovesaid
crime, he shall be released on bail on his executing a bond for
Rs.40,000/- each and on furnishing two solvent sureties for the
likesum, both to the satisfaction of the Investigating Officer
concerned.
6. Further it is ordered that it will be subject to 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.
B.A.No.1729 of 2019
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(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
vgd/08.03.19
