IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY ,THE 28TH DAY OF MARCH 2019 / 7TH CHAITHRA, 1941
Bail Appl.No.1320 of 2019
CRMC 389/2019 of DISTRICT COURT SESSIONS COURT,
PALAKKAD DATED 13-02-2019
CRIME NO. 50/2019 OF Ottapalam Police Station , Palakkad
PETITIONER/S:
MOHAMMAD RAFI,
AGED 29 YEARS
S/O HAMEED, MANAPPULLIPARAMBU HOUSE,
MANAPPULLIPARAMBU, KONDURUTHIPULLY
P.O.PALAKKAD.
BY ADVS.
SRI.C.A.CHACKO
SMT.C.M.CHARISMA
SMT.MEGHA K.XAVIER
RESPONDENT/S:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM
OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.03.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Bail Appl.No.1320 of 2019
ALEXANDER THOMAS, J.
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B.A.No.1320 Of 2019
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Dated this the 28th day of March, 2019.
ORDER
The petitioner is the accused No.1 in Crime No.50/2019 of
Ottapalam Police Station, which has been registered for offence
punishable under Sec.498A r/w Sec.34 of the I.P.C, based on a private
criminal complaint filed by the wife of the petitioner.
2. The brief of the allegation of the complainant is that the
petitioner had married her on 3.5.2015 and while living as spouses, she
has been subjected to mental and physical cruelties by her husband and
in-laws, bargaining more dowry than the jewels and cash received by
her at the time of marriage, etc. It is pointed out that accused Nos.2 3
have already been granted bail by the Sessions Court, Palakkad, as per
Anx-A1 order dated 13.2.2019 in Crl.M.C.No.389/2019.
3. Taking note of the facts and circumstances disclosed in this
case, more particularly, the nature of the allegations raised in this case,
this Court is inclined to consider the plea for anticipatory bail.
Accordingly, it is ordered that in the event of the petitioner being
arrested by the Police in connection with the abovesaid crime, he shall
be released on bail on his executing a bond for Rs.40,000/- (Rupees
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Bail Appl.No.1320 of 2019
Fourty Thousand only) and on furnishing two solvent sureties for the
like sum each to the satisfaction of the Investigating Officer concerned.
4. Further it is also 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.
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 stands allowed.
Sd/-
ALEXANDER THOMAS,
Judge.
bkn/-
