IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 31ST DAY OF OCTOBER 2019 / 9TH KARTHIKA, 1941
Bail Appl..No.7439 OF 2019
AGAINST THE ORDER/JUDGMENT IN CRMP 10900/2019 OF JUDICIAL
MAGISTRATE OF FIRST CLASS – I, OTTAPPALAM
CRIME NO.395/2019 OF Shornur Police Station , Palakkad
PETITIONERS:
1 MOHAMMED JABIR
AGED 26 YEARS
S/O. ALI. K. T., RESIDING AT KONDOORKARATHODI VEEDU,
KARAKKAD POST, ONGALLUR, PATTAMBI TALUK, PALAKKAD
DISTRICT.
2 ALI. K. T.
AGED 55 YEARS
S/O. YOOSUF, RESIDING AT KONDOORKARATHODI VEEDU,
KARAKKAD POST, ONGALLUR, PATTAMBI TALUK, PALAKKAD
DISTRICT.
3 JAFAR SADDIK
AGED 30 YEARS
S/O. ALI. K. T., RESIDING AT KONDOORKARATHODI VEEDU,
KARAKKAD POST, ONGALLUR, PATTAMBI TALUK, PALAKKAD
DISTRICT.
4 HASEENA
AGED 29 YEARS
W/O. JAFAR. K. T., RESIDING AT KONDOORKARATHODI
VEEDU, KARAKKAD POST, ONGALLUR, PATTAMBI TALUK,
PALAKKAD DISTRICT.
5 SUHARA
AGED 24 YEARS
D/O. ALI. K. T., RESIDING AT KONDOORKARATHODI VEEDU,
KARAKKAD POST, ONGALLUR, PATTAMBI TALUK, PALAKKAD
DISTRICT.
BY ADV. SRI.R.SREEHARI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
Bail Appl..No.7439 OF 2019
2
KERALA, ERNAKULAM, COCHIN – 682 031.
2 STATION HOUSE OFFICER
SHORNUR POLICE STATION, SHORNUR, PALAKKAD DISTRICT
– 679 121.
3 NUSAIBA. M.
D/O. AMINA, MUNAMBATH HOUSE, PARUTHIPRA, SHORNUR
POST, OTTAPALAM TALUK, PALAKKAD DISTRICT – 679 121.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.7439 OF 2019
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ALEXANDER THOMAS, J
BAIL APPLICATION NO. 7439/2019
Dated this the 31st day of October, 2019
O R D E R
The petitioners herein have been arrayed as accused Nos. 1 to 5 among
the 5 accused in the instant crime No. 395/2019 of Shornur Police Station,
which has been registered for offences punishable under Sectionsections 498A, Section354,
Section323 and Section34 of the IPC on the basis of the FIS given by the lady defacto
complainant on 04/09/2019 at about 12.45 in the noon, in respect of the
alleged incidents which happened for the period from 29/05/2014 to
26/08/2019. The lady defacto complainant in this case is the wife of the 1 st
petitioner A1. The 2nd, 3rd, 4th and the 5th petitioners herein (A2 to A5) are
the father, brother, brother’s wife and sister respectively of the 1 st petitioner
(A1).
2. The prosecution case is that after the marriage of the above said
spouses on 29/05/2014, the petitioners have treated her with cruelty and
harassment and that A1 used to frequently complain that the gold
ornaments brought by her at the time of marriage is insufficient and that she
should bring in more and that A1 used to frequently chat with other ladies
and when the lady questioned it, he retorted that he could have four wives
and that A2 has touched her body and that A1 had violated the modesty of
Bail Appl..No.7439 OF 2019
4
the lady defacto complainant’s brother’s wife etc.
3. Counsel for the petitioners would point out that the above said
allegations are false and baseless and that the truth of the matter is the other
way around and that due to the marital discord created by the lady defacto
complainant, the 1st petitioner was constrained to file OP No. 782/2018
before the Family Court, Ottappalam seeking custody of the minor child in
December 2018 and as a counter blast thereto the lady defacto complainant
has filed Maintenance Claim as MC No. 1/2019 before the Family Court,
Ottappalam in January 2019 and it is only to spite and put pressure on the
1st petitioner that she has now raised the instant false allegations by filing
the instant private criminal complaint on 26/08/2019 pursuant to which the
present impugned crime has been registered on 04/09/2019. Further that
there is long and unexplained delay in lodging the instant crime especially in
relation to the allegations raised as against A2 and others and the fact that
the present crime has been initiated much after the initiation of the Family
Court proceedings by the 1 st petitioner would clearly be an indicative of the
falsity of the allegations and the excursive motive behind it.
4. Accordingly it is urged that this Court may grant anticipatory
bail to the petitioners subject to necessary conditions. Learned prosecutor
has opposed the plea for anticipatory bail.
5. After hearing both sides and after careful evaluation of facts and
Bail Appl..No.7439 OF 2019
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circumstances of this case and also taking note of some of the factual aspects
highlighted by the petitioners herein above and also taking note of the long
delay in lodging the instant case atleast in relation to some of the
allegations, this Court is inclined to take the view that the petitioners have
made out a strong probable case that their custodial interrogation may not
be necessary or warranted for effectuating the smooth and fair conduct of
the investigation of this crime.
6. Accordingly in the interest of justice it is ordered that in the
event of the petitioners being arrested in relation to the above said
crime, then they shall be released on bail on their separately executing
bond for Rs.40,000/- (Rupees Fourty Thousand only) each and on their
separately furnishing 2 solvent sureties each for the like sum both to the
satisfaction of the Investigating Officer concerned.
7. However, the grant of bail may be subject to the following
conditions.
(i) The petitioners shall not involve in any criminal offences of similar
nature.
(ii) The petitioners shall fully co-operate with the investigation.
(iii) The petitioners shall report before the investigating officer as and
when required in that connection.
(iv) The petitioners 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
Bail Appl..No.7439 OF 2019
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petitioners then the jurisdictional court concerned will 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
Nsd JUDGE
//true copy//
PA to Judge