IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 19TH DAY OF SEPTEMBER 2017/28TH BHADRA, 1939
Bail Appl..No. 4145 of 2017 ()
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CRIME NUMBER NOT KNOWN OF CHANDERA POLICE STATION, KASARGOD
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PETITIONER/ACCUSED NO.1:
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K.P.SIDDIQUE,
S/O.S.A.ABDULKHADER,AGED 37 YEARS,DHARUL HAMDH,
NELLICKAL,THURUTHI.P.O,CHERUVATHOOR,KASARAGOD DISTRICT.
BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR)
RESPONDENT(S):
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1. SUB INSPECTOR OF POLICE,
CHANDRE POLICE STATION,KASARAGOD DISTRICT-671533.
2. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
* ADDL R3 IMPLEADED
3. ANCHILATHU RAHEENA, AGED 26 YEARS,
W/O SIDDIQUE, D/O ABOOBACKKER,
S.A MANZIL, NELLICKAL, THRUTHI P.O,
CHERUVATHOOR.
* ADDL R3 IMPLEADED AS PER ORDER DATED 20.7.2017 IN
CRL.MA NO.7851/2017.
R1,R2 BY PUBLIC PROSECUTOR SRI AJITH MURALI
R3 BY ADV. SRI.SURESH KUMAR KODOTH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 19-09-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
K.V.
P.UBAID, J.
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B.A.No.4145 of 2017
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Dated this the 19th day of September, 2017
ORDER
The petitioner seeks pre-arrest bail on the
apprehension of arrest by the police in Crime No.415/2017 of
the Chandera Police Station, involving the offence under Section
498A of Indian Penal Code. He seeks pre-arrest bail under
Section 438 of the Code of Criminal Procedure on the
apprehension of arrest and custodial harassment by the police
in connection with the crime.
2. The defacto complainant in the crime is the
wife of the petitioner. The complainant’s grievance is that she
had been mentally and physically ill-treated by the husband by
demanding more dowry and ornaments. On a perusal of the
complaint, I find that the matrimony stands strained, and that
the present complaint is the result of the strained matrimony.
On a perusal of materials, I find that custodial interrogation of
the petitioner is not necessary at all in this crime. Even without
such interrogation, the required materials can be collected by
the police. If bail is denied to the petitioner, or if anybody
B.A.No.4145 of 2017 -2-
happened to be sent to jail, any possibility of settlement of the
disputes will become bleak.
In the result, this petition for pre-arrest bail is
allowed. The petitioner is ordered to be released on bail on his
executing a bond with two solvent sureties for 30000/-(Rupees
Thirty Thousand only) each to the satisfaction of the arresting
officer or the court below having jurisdiction. Bail is granted on
condition that;
a) The petitioner shall report before the
investigating officer as and when required for interrogationand
the first petitioner shall report before the investigating officer
between 10 a.m. and 11 a.m. on all Mondays for a period of six
weeks.
b) The petitioner shall not in any manner influence
or intimidate the material witnesses, or they shall not have any
contact with the material witnesses directly or over telephone or
otherwise except for the settlement of the matrimonial dispute,
in case anybody intervened for such a course.
Sd/-
P. UBAID, JUDGE
bpr
//TRUE COPY//
P.A. TO JUDGE
