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Judgments of Supreme Court of India and High Courts

Javid N. P vs State Of Kerala on 11 December, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941

Bail Appl..No.8459 OF 2019

AGAINST THE ORDER/JUDGMENT IN CRMC 1507/2019 DATED 02-11-2019 OF
SESSIONS COURT, KOZHIKODE

CRIME NO.332/2019 OF VELLAYIL POLICE STATION, KOZHIKODE

PETITIONER/ACCUSED:

JAVID N. P.
AGED 26 YEARS, S/O. HAMZA,
NALUMUDIPARAMBU, NADAKKAVU POST,
KOZHIKODE.

BY ADVS.
SMT.M.B.SHYNI
SRI.DEEPAK RAJ
SRI.FRANCIS MATHEW
SHRI.SAREEN S.

RESPONDENT/COMPLAINANT:

STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN – 682 031.

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.12.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.8459 OF 2019

2

ALEXANDER THOMAS, J.

B.A No.8459 of 2019

Dated this the 11th day of December, 2019

ORDER

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

three accused in the instant Crime No.332/2019 of Vellayil Police Station,

Kozhikode, registered for offences punishable under Secs.498A, 406 34Section

of the Indian Penal Code. The crime has been registered on the basis of the

First Information Statement given by the lady de facto complainant

05.10.2019 at about 4.10 p.m., in respect of the alleged incidents which

happened for the period from 14.08.2016 go 04.10.2019.

2. The lay de facto complainant in this case is the wife of the

petitioner herein (A-1). A-2 A-3 are the father and mother of the

petitioner herein (A-1). The prosecution case in short is that after the

marriage of the abovesaid spouses, the accused persons have treated her

with cruelty and harassment and that the petitioner used to beat their

child, who has speech disability and that the accused persons have made

her go without food on quite a few days. Further that, the petitioner has
Bail Appl..No.8459 OF 2019

3

threatened her that she should have relationship with other men, as

requested by him, etc.

3. The learned counsel for the petitioner would point out that the

abovesaid allegations are false and baseless and all these arisen on account

of the marital discord between the parties. It is further seen that A-2 A-3

have already been granted bail by the Sessions Court, Kozhikode.

4. After having heard both sides and after careful evaluation of the

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

that the custodial interrogation of the petitioner is not necessary, for

effectuating the smooth and proper conduct of the investigation in this

crime. Accordingly, it is ordered that in the event of the petitioner being

arrested in relation to the instant crime, he shall be released on bail on his

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

furnishing two solvent sureties for the like sum each, both to the

satisfaction of the Investigating Officer concerned. However, the above

order shall 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.

Bail Appl..No.8459 OF 2019

4

(iv) The petitioner shall not influence witness or shall not tamper or
attempt to tamper evidence in any manner, whatsoever.

5. If the petitioner violates any of the above conditions, the

jurisdictional Court concerned will stand hereby empowered to consider

the application for cancellation of bail, if required, and pass appropriate

orders in accordance with law.

With these observations and directions, the above Bail Application

will stand disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE
vgd

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