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M.Jaseel vs State Of Kerala on 22 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 22ND DAY OF MAY 2019 / 1ST JYAISHTA, 1941

Bail Appl..No. 3685 of 2019

AGAINST THE ORDER/JUDGMENT IN CRMC 612/2019 OF DISTRICT COURT
SESSIONS COURT,KOZHIKODE DATED 16-05-2019

CRIME NO. 388/2019 OF KASABA POLICE STATION , KOZHIKODE

PETITIONER/ACCUSED:

M.JASEEL,
AGED 32 YEARS
S/O.M.JAMALUDEEN, “JAMSHYA”, CHALAPPURAM P.O.,
KOZHIKODE.

BY ADV. SMT.BINDU GEORGE

RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY S.I. OF POLICE, KASABA POLICE STATION
THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.

2 JENNA @ ASWATHY,
D/O.CHANDRAN, THULASIDALAM, THIKKODI P.O., KOYILANDY,
KOZHIKODE.

SRI.T.R.RENJITH, PUBIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.05.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.3685 of 2019
2

ALEXANDER THOMAS, J.

B.A.No.3685 of 2019

Dated this the 22nd day of May, 2019

ORDER

The petitioner is the sole accused in Crime No.388/2019 of

Kozhikode Kasaba Police Station, which has been registered for offences

punishable under Secs.498A 406 of the SectionIPC.

2. The brief of the prosecution case is that the petitioner who

belongs to Muslim religion has married the lady defacto complainant, who

is a Hindu by birth in the year 2016 and that when both of them were

residing as spouses, the petitioner used to frequently harass her with

demands for gold and money and that he has misappropriated

20 sovereigns of gold ornaments owned by her and had forced to withdraw

some money from her account, etc.

3. After hearing the learned counsel for the petitioner and the

learned Public Prosecutor appearing for the respondent-State and on

evaluation of the facts and circumstances of this case, this Court is of the

view that the plea for anticipatory bail should be considered as there may

not be any real necessity for the custodial interrogation of the petitioner.
B.A.No.3685 of 2019
3

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

being arrested by police in connection with the abovesaid crime, he shall be

released on bail on his executing a bond for Rs.40,000/- and on furnishing

two solvent sureties for the likesum, both to the satisfaction of the

Investigating Officer concerned.

5. 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.

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

(v) 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

will stand disposed of.

Sd/-

ALEXANDER THOMAS
JUDGE
vgd/23.5.19

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