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Faijas.T vs State Of Kerala on 2 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY ,THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941

Bail Appl..No. 1867 of 2019

AGAINST THE ORDER/JUDGMENT IN CRMC 430/2019 of SESSIONS
COURT,THALASSERY DATED 07-03-2019

CRIME NO. 109/2019 OF Panur Police Station , Kannur

PETITIONER/S:

FAIJAS.T
AGED 26 YEARS
S/O.ABDUL RASAK, SAKEENA VILLA, ELANGODE, PANOOR,
KANNUR-670692.

BY ADVS.
SRI.MANU.M.THOMAS
SRI.KROOPESH
SRI.P.C.ANIL KUMAR

RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.

OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.04.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
——————————————-
B.A.No. 1867 of 2019
———————————————-
Dated this the 2nd day of April, 2019

ORDER

The petitioner is the 1st accused in Crime No.109/2019 of

Panoor Police Station, which has been registered for the offences

punishable under Sections 498A, 420, 403, 294(b), 341, 323

r/w.34 IPC. The 2nd and 3rd accused in the above said crime are

mother and sister of the petitioner and the defacto complainant

in the above said crime is the wife of the petitioner.

2. The gist of the prosecution case is that the petitioner

had misappropriated the ornaments of the defacto complainant

(wife) for his own use and that the petitioner had harassed her

by insisting that she should get more money and gold from her

parents and that she has been subjected to mental and physical

cruelty.

3. Taking note of the facts and circumstances as disclosed

in this case, more particularly, the nature of the allegations raised

in this case, this Court is inclined to consider the plea for

anticipatory bail. Accordingly, it is ordered that in the event of the

petitioner being arrested by the Police in connection with the above
said crime, he shall be released on bail on his executing a bond for

Rs.40,000/- (Rupees Fourty Thousand only) and on furnishing two

solvent sureties for the like sum each to the satisfaction of the

Investigating Officer concerned.

4. Further it is also ordered that it will be subject to

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.

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 stands allowed.

sd/

ALEXANDER THOMAS, JUDGE.

acd

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