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Hashif.K.P vs State Of Kerala on 12 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY ,THE 12TH DAY OF MARCH 2019 / 21ST PHALGUNA, 1940

Bail Appl..No. 1624 of 2019

AGAINST THE ORDER/JUDGMENT IN CRMC 275/2019 of DISTRICT COURT
SESSIONS COURT,KOZHIKODE DATED 25-02-2019

CRIME NO. 98/2019 OF Kasaba Police Station , Kozhikode

PETITIONER/ACCUSED NO.1:

HASHIF.K.P.,
AGED 32 YEARS,
S/O ASHRAF, HARIS MANZIL,
KINASSERY P.O., POKKUNNU,
KOZHIKODE.

BY ADVS.
SRI.M.B.SANDEEP
SMT.K.P.SREEJA
SMT.R.PRIYA
SMT.SHERIN VARGHESE
SRI.B.SURJITH
SRI.M.J.KIRANKUMAR

RESPONDENT/:
STATE OF KERALA,
REPRESENTED BY SUB INSPECTOR OF POLICE,
KASABA POLICE STATION,
THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
ERNAKULAM – 682 031.

OTHER PRESENT:
SRI.AMJAD ALI, PUBIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.03.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl.No. 1624 of 2019

-:2:-

ALEXANDER THOMAS, J.

B.A. No.1624 of 2019
——————————-
Dated this the 12th day of March, 2019

ORDER

The petitioner is the 1st accused in Crime No.98 of 2019 of

Kasaba Police Station, Kozhikode, registered for the offences

punishable under Sections 323, 406, 498A read with Section 34 of the

Indian Penal Code. The petitioner (A1) is the husband of the de facto

complainant, who has alleged that the petitioner and the other

accused or his family members have physically and mentally harassed

and meted out cruelty to her, after she had started her matrimonial

life with the petitioner and that they demanded extra money from her

parents etc. The 2nd , 3rd and 4th accused, who are the father, mother

and sister respectively of the petitioner had already been granted pre-

arrest bail by the Sessions Court, Kozhikode.

2. Taking note of the facts and circumstances of this case,

more particularly, the fact that the allegations are released to the

matrimonial disputes between the petitioner and the de facto

complainant, this Court is inclined to consider the plea of the

petitioner for pre-arrest bail.

Bail Appl.No. 1624 of 2019

-:3:-

3. Accordingly, it is ordered that in the event of the arrest of

the petitioner in Crime No.98 of 2019 of Kasaba Police Station,

Kozhikode, then the petitioner shall be released on bail on his

executing a bond for Rs.40,000/- each and on furnishing two solvent

sureties for the like sum, both to the satisfaction of the Investigating

Officer concerned.

4. Further it is 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.

5. If there is any violation of the abovesaid conditions by

the petitioners 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
DST //True copy//

P.A.To Judge

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