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Danish vs The State Of Kerala on 19 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 19TH DAY OF SEPTEMBER 2019 / 28TH BHADRA, 1941

Bail Appl..No.6313 OF 2019

CRIME NO.491/2018 OF KALLADICODE POLICE STATION , Palakkad

PETITIONER/ACCUSED NO.1:

DANISH,
AGED 30 YEARS,
S/O E.I.JOSEPH, ELLIKKAL HOUSE,
VELLOOR.P.O, PAMPADY,KOTTAYAM.

BY ADVS.
SRI.C.S.MANILAL
SRI.S.NIDHEESH

RESPONDENT:

THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,
ERNAKULAM.

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.09.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.6313 of 2019

2

ALEXANDER THOMAS, J.
——————-
B.A.No.6313 of 2019
—————————
Dated this the 19th day of September, 2019

ORDER

The petitioner herein has been arrayed as accused No.1 among

the two accused in the instant Crime No.491/2018 of Kalladikode

Police Station, which has been registered for the offences punishable

under Sections 498A, 294(b), 506(i), 406 read with Section 34 of IPC

on the basis of FI statement given by the lady defacto complainant on

16.12.2018 at about 5.00 pm and the said alleged incidents happened

during the period from 27.08.2015 to 22.08.2018. The lady defacto

complainant in this case is the wife of the petitioner herein (A1). The

accused No.2 (A2) in the instant crime is the mother of the petitioner

herein (A1). A2 has already been granted an anticipatory bail by this

Court as per Annexur A1 order dated 29.01.2019 in B.A No.389/2019.

2. The prosecution case in short is that after the marriage of

the above said persons, the accused persons have treated the lady

with cruelty and harassment and that they have demanded more

dowry and that they have appropriated her gold ornaments given by

her parents at the time of marriage.

B.A.No.6313 of 2019

3

3. After hearing both sides and after careful evaluation of

the facts and circumstances of the case, this Court is inclined to take

the view that the custodial interrogation of the petitioner herein may

not be necessary for the smooth and fair conduct of the investigation

in this crime.

4. Accordingly, it is ordered that in the event of the

petitioner being arrested in respect of the above crime, then the

petitioner shall be released on bail on his separately executing bond

for Rs.40,000/- (Rupees Forty Thousand only) and on his separately

furnishing two solvent sureties for the like sum both to the

satisfaction of the investigating officer concerned.

5. However, the above order in the matter of grant of bail

will be subject to the following conditions.

i. The petitioner shall not involve in any criminal
offences of similar nature.

ii. The petitioner shall fully co-operate with the
investigation.

iii. The petitioner shall report before the investigating
officer as and when required in that connection.
iv. The petitioner shall not influence witness or shall not
tamper or attempt to tamper evidence in any manner,
whatsoever.

6. If there is any violation of the above said conditions by

the petitioner then the jurisdiction court concerned will stand hereby

empowered, to consider the plea for cancellation of bail at the
B.A.No.6313 of 2019

4

appropriate time.

With these observations and directions, the above Bail

Application will stand disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE
bng/20.09.19

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