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Mohammad Rafi vs State Of Kerala on 28 March, 2019

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:
::2::
Bail Appl.No.1320 of 2019

ALEXANDER THOMAS, J.
—————————–
B.A.No.1320 Of 2019
———————————
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
::3::

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/-

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