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Judgments of Supreme Court of India and High Courts

Ibrahim vs State Of Kerala on 14 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 14TH DAY OF JANUARY 2019 / 24TH POUSHA, 1940

Bail Appl..No. 8796 of 2018

CRIME NO.553/2018 OF THRITHALA POLICE STATION, PALAKKAD DISTRICT

PETITIONERS/ACCUSED 2 AND 3:

1 IBRAHIM, AGED 65 YEARS,
S/O.SAITH, CHUNKATH HOUSE, THANNEERKODE, (POST),
THALAKKASSERY, PATTAMBI TALUK, PALAKKAD DISTRICT.

2 SUHARA, AGED 60 YEARS,
W/O.IBRAHIM, CHUNKATH HOUSE, THANNEERKODE, (POST),
THALAKKASSERY, PATTAMBI TALUK, PALAKKAD DISTRICT.

BY ADV. SRI.P.K.MOHANAN(PALAKKAD)

RESPONDENT/COMPLAINANT:

STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ERNAKULAM, PIN-682031.

OTHER PRESENT:
SRI. AMJAD ALI SR. PP.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.01.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA:8796/18 2

ORDER

This application is filed under Section 438 of the Cr.P.C.

2. The applicants herein are accused Nos.2 3 in Crime

No.553 of 2018 of the Trithala Police Station, registered on the

strength of a private complaint filed by the de facto complainant, who

is their daughter-in-law. They face accusations of having committed

offences punishable under Sections 498A, 406 and 506(ii) r/w. Sec. 34

of the IPC.

3. The de facto complainant had married the son the

applicants herein on 25.4.2013 and they have a child in the wedlock.

She alleges that during their stay together, the applicants had

subjected her to cruelty and ill-treatment demanding dowry.

4. The learned counsel appearing for the applicants submitted

that the major brunt of the allegations are against the 1 st accused,

who is the husband of the de facto complainant. The applicants herein

are aged and ailing and they have been roped in as they are the

parents of the 1st accused. According to the learned counsel, the
BA:8796/18 3

parties fell apart due to minor differences and though earnest efforts

were taken to settle the disputes, due to various reasons, the efforts

did not materialize. He points out that though the provision was

enacted to check and curb the menace of dowry, in the instant case,

the provisions are being misused. The complaint has been filed in the

heat of the moment and, according to the learned counsel, if the

applicants are arrested and remanded, the chances of settlement and

reunion will be irrevocably ruined.

5. I have heard the learned Public Prosecutor and have

perused the materials that have been made available. The allegations

now levelled do not appear to be grave warranting arrest and

detention of the applicants herein, who are the husband and in-laws of

the de facto complainant. I am of the considered view that the

custodial interrogation of the applicants, who are aged parents of the

1st accused, are not necessary for an effective investigation in the

instant case.

In the result, this application will stand allowed. The applicants

shall appear before the investigating officer within ten days from today

and shall undergo interrogation. Thereafter, if they are proposed to be

arrested, they shall be released on bail on their executing a bond for a
BA:8796/18 4

sum of Rs.40,000/- (Rupees Forty thousand only) each with two

solvent sureties each for the like sum. The above order shall be

subject to the following conditions:

(i) The applicants shall co-operate with the investigation
and shall appear before the investigating officer and when
they are called upon to do so.

ii) They shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him/her from
disclosing such facts to the court or to any police officer.

iii) They shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the application

for cancellation, if any, and pass appropriate orders in accordance

with the law.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
KRJ

//TRUE COPY// P.A. TO JUDGE

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