IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 16TH DAY OF JANUARY 2020 / 26TH POUSHA, 1941
Bail Appl.No.9017 OF 2019
CRIME NO.1814/2019 OF Pandalam Police Station, Pathanamthitta
PETITIONERS:
1 HAFIS AL RAHMAN @ HAFFIS UR RAHMAN
AGED 40 YEARS
S/O. FAZLUL RAHMAN, RESIDING AT MANKARAM NELLUVELIL
HOUSE, KSRTC ROAD, PANTHALAM P.O., PANTHALAM VILLAGE,
PATHANAMTHITTA DISTRICT.
2 FASALUL RAHMAN
AGED 69 YEARS
S/O. ABDUL RAHIM RESIDING AT MANKARAM NELLUVELIL
HOUSE, KSRTC ROAD, PANTHALAM P.O., PANTHALAM VILLAGE,
PATHANAMTHITTA TALUK, PATHANAMTHITTA DISTRICT
3 SUHARA
W/O. FASALUL RAHMAN, RESIDING AT MANKARAM NELLUVELIL
HOUSE, KSRTC ROAD, PANTHALAM P.O., PANTHALAM VILLAGE,
PATHANAMTHITTA TALUK, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.ABDUL JALEEL.A
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 THE SUB INSPECTOR OF POLICE
PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT.
OTHER PRESENT:
SRI. AMJETH ALI SR PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.9017 OF 2019 2
B.A.No.9017 of 2019
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Dated this the 16th day of January 2020
ORDER
This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
2. Petitioners are accused 1 to 3 in Crime
No.1814 of 2019 of Pandalam Police Station registered under
Sections 498A, 323 and 34 of the Indian Penal Code. The first
accused is the husband of the de facto complainant. The
second and third accused are the parents of the first accused.
The accusation in the case in essence is that the accused
have subjected the de facto complainant to cruelty when they
were residing together.
3. Heard the learned counsel for the petitioners
as also the learned Public Prosecutor.
4. It is seen that the dispute arose on account
of the matrimonial discord between the first accused and the
de facto complainant.
5. In the circumstances, having regard to the
totality of the facts and circumstances of the case and having
regard to the decision of the Apex Court in Siddharam
Satlingappa Mhetre v. State of Maharashtra, AIR 2011
Bail Appl..No.9017 OF 2019 3
SC 312, I am inclined to grant anticipatory bail to the
petitioners on the following conditions:
i) The petitioners shall make themselves available for
interrogation before the Investigating Officer within ten days
from today. They shall also make themselves available for
interrogation before the Investigating Officer as and when
directed by the Investigating Officer in writing to do so;
ii) If the petitioners are arrested prior to, or after their
appearance before the Investigating Officer in terms of this
order, they shall be released from custody on execution of
bond for Rs.25,000/- each with two sureties each for the like
sum.
(iii) The petitioners shall not influence or intimidate the
prosecution witnesses nor shall they attempt to tamper with
the evidence of the prosecution.
iv) The petitioners shall not involve in any other offence while on
bail.
Sd/-
P.B.SURESH KUMAR
JUDGE
ska
