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Mohammed Nabeel vs The State Of Kerala on 7 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941

Bail Appl..No.6551 OF 2019

AGAINST THE ORDER/JUDGMENT IN CRMC 847/2019 DATED 30-08-2019 OF
DISTRICT COURT SESSIONS COURT,MANJERI

CRIME NO.220/2019 OF Perinthalmanna Police Station , Malappuram

PETITIONER/ACCUSED:

1 MOHAMMED NABEEL
AGED 26 YEARS
S/O.ABOOBACKER, RESIDING AT POOKKATTUTHODI HOUSE,
KUNNAPPALLY PO, PERINTHALMANNA TALUK, MALAPPURAM
DISTRICT.

2 ABOOBACKER,
AGED 68 YEARS
S/O.HAMZA, RESIDING AT POOKKATTUTHODI HOUSE,
KUNNAPPALLY PO, PERINTHALMANNA TALUK, MALAPPURAM
DISTRICT.

3 KHADEEJA
AGED 58 YEARS
W/O.ABOOBACKER,RESIDING AT POOKKATTUTHODI HOUSE,
KUNNAPPALLY PO, PERINTHALMANNA TALUK, MALAPPURAM
DISTRICT.

BY ADVS.
SRI.P.SAMSUDIN
SRI.M.ANUROOP

RESPONDENT/STATE

1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA ERNAKULAM-682031(IN CRIME NO.220/2019
PERINTHALMANNA POLICE STATION IN MALAPPURAM DISTRICT)

2 ADDL.R2. UMMER
S/O MUHAMMED, AGED 66 YEARS,, PAZHEDATH HOUSE,
ERAVIMANGALAM PO, MALAPPURAM DISTRICT.

IS IMPLEADED AS PER ORDER DATED 18/09/2019 IN CRL.MA
NO.1/2019 IN BA NO.6551/2019.
B.A.No.6551/2019 W.P.(C) No.22905/2019 2

R2 BY ADV. K.RAKESH

OTHER PRESENT:

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.11.2019, ALONG WITH WP(C).22905/2019(K), THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
B.A.No.6551/2019 W.P.(C) No.22905/2019 3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941

WP(C).No.22905 OF 2019(K)

PETITIONER:

UMMER
AGED 66 YEARS
S/O MUHAMMED,PAZHEDATH HOUSE,ERAVIMANGALAM.P.O,
MALAPPURAM DISTRICT.

BY ADV. SRI.K.RAKESH

RESPONDENTS:

1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO
GOVERNMENT,DEPARTMENT OF HOME AFFAIRS,GOVERNMENT
SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695001.

2 THE DISTRICT POLICE CHIEF
MALAPPURAM,PIN-676505.

3 THE STATION HOUSE OFFICER,
PERINTHALMANNA POLICE STATION,
MALAPPURAM DISTRICT,PIN-679322.

4 THE DEPUTY SUPERINTENDENT OF POLICE,
C.B.C.I.D,MALAPPURAM,PIN-676505.

R1-4 BY GOVERNMENT PLEADER, SRI.SAIGI JACOB PALATTY

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.11.2019, ALONG WITH Bail Appl..6551/2019, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A.No.6551/2019 W.P.(C) No.22905/2019 4

ALEXANDER THOMAS, J.

—————————————–
B.A. No. 6551 of 2019 W.P.(C.) No. 22905 of 2019

——————————————————————–

Dated this the 7 th day of November, 2019

O R D E R/JUDGMENT

It is seen that the investigation has now been entrusted to a senior

officer of the rank of Asst. Superintendent of Police. As these matters are

pertaining to the very same crime, these cases stand disposed of on the

basis of a common order.

B.A. No. 6551 of 2019

The petitioners herein have been arrayed as accused Nos. 1 to 3 among

the 3 accused in the instant Crime No.220/2019 of Perinthalmanna Police

Station. The said case was initially registered under Sec.174 of the SectionCr.P.C. on

account of the unnatural death or suicide of the lady victim in this case, who is

the wife of the 1st petitioner herein on 12.04.2019. The Police after

investigation has altered the offence in this case to those as per Secs.306 and

498A of the SectionIPC and have arrayed the 3 petitioners herein as the 3 accused

persons therein. The 2nd and 3rd petitioners (A2 and A3) are the father and

mother respectively of the 1st petitioner (A1).

2. The learned counsel appearing for the petitioner would point out

that the abovesaid allegations are false and baseless and that the prosecution

has not been able to obtain any materials to even remotely establish that the

vital ingredients of the offence of abetment as per Sec.107 of the SectionIPC and the
B.A.No.6551/2019 W.P.(C) No.22905/2019 5

offence of abetment to commit suicide as per Sec.306 of the SectionIPC etc. are made

out. The learned counsel for the petitioner has taken this Court’s attention to

various rulings of the Apex Court and this Court which have laid down the

parameters and ingredients of the offence of abetment as per Sec.107 of the

SectionIPC and the offence of abetment to commit suicide as per Sec.306 of the SectionIPC

in decisions as in SectionSanju @ Sanjay Singh Sengar v. State of M.P. [ 2002

SCC (Crl.) 1141], SectionKrishnadas v. State of Kerala [2017 (2) KLT 579],

SectionGurucharan Singh v. State of Punjab [2016 (12) SCALE 414],

SectionHarikrishnan Anr. v. State of Kerala and Anr. [2019 (3) KHC

437] and SectionM.Arjunan v. State [2019 (3) SCC 315].

3. Accordingly, it is urged by the petitioners that they may be

granted anticipatory bail subject to strict co nditions. The learned Prosecutor

and Sri.K.Rakesh, learned counsel appearing for the defacto complainant

(father of the deceased) has opposed the plea for anticipatory bail. The

investigating agency has filed a statement dated 04.11.2019 in this case. It

is stated in paragraph 6 thereof that the investigation has revealed that on

12.04.2019 at 8.30 p.m., A1 (victim’s husband) had telephoned the

complainant (victim’s father) and informed that the vi ctim has locked her

room from inside and that some unusual sound were heard from the room and

the complainant had rushed to their house and both of them broke open into the

room and found that the complainant’s daughter was found hanging on the hook

of the ceiling fan. The victim was then, immediately taken to a nearby hospital,

upon which she was declared brought dead. A1 had married the victim on
B.A.No.6551/2019 W.P.(C) No.22905/2019 6

19.03.2017 which was not to the liking of the families, as it was a love affair and

later after marriage, both of them resided in A1’s sister’s house for two months,

as they were not permitted to enter their matrimonial house as insisted by the

brother of A1 and his parents. Later, she was brought to A1’s house and in the

said relationship, she delivered a boy and all the expenses in the hospital was

also met by her family. Further that, the parents of the deceased victim has

given statement to the investigating agency that A1 used to physically assault

the victim and used to mentally torture her demanding more dowry and that

more investigation is required to ascertain those facts. Further that, the

investigation has revealed that the victim has committed suicide by means of

hanging due to continuous physical and mental torture by the accused

persons. It is stated in paragraph 10 of the statement given by the parents of

the victim in the present investigation, the accused persons have mentally

tortured the victim demanding more ornaments and A1 had assaulted her

physically several times and that this fact has been corroborated with more

material evidence etc. Further that, the case is pending for arresting the

accused persons for collecting more evidence in this case, including site plan,

ownership certificate of the house etc.

4. After hearing both sides and after careful evaluation of the facts

and circumstances of this case, more particularly examining the attendant

facts of this case, in the light of the aforesaid judicial precedents, this Court is

inclined to take the view that the custodial interrogation of the petitioners

may not be necessary or warranted for effectuating the smooth and fair
B.A.No.6551/2019 W.P.(C) No.22905/2019 7

conduct of the investigation of this crime. Further, the petitioners will have

to fully co-operate with the investigating officer in the conduct of the

investigating process. Hence, the following orders and directions are

passed :

(i) The petitioners shall personally appear before the Investigating

Officer (I.O.), in relation to Crime No.220/2019 of Perinthalmanna Police

Station and to subject himself for interrogation process without any

further delay at any rate by 9 a.m. on any day on or before 22.11.2019 or

within such time limit that may be extended by the IO as he deems fit and

proper.

(ii) The petitioners will fully co-operate with the Investigating Officer in

the interrogation process.

(iii) After the interrogation process is over, in case the Investigating

Officer arrests the petitioners in relation to the abovesaid crime, then they

shall be released on bail on their separately executing bonds for

Rs.40,000/- (Rupees Forty Thousand only) each and on separately

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

the Investigating Officer concerned and subject to the following

conditions:

(a) The petitioners shall not involve in any criminal offences of similar nature.

(b) The petitioners shall report before the Investigating Officer as and when
required in that connection.

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

(d) If there is any violation of the abovesaid conditions by the petitioners then the
jurisdictional court concerned stand hereby empowered, to consider the plea for
cancellation of bail at the appropriate time.

B.A.No.6551/2019 W.P.(C) No.22905/2019 8

With these observations and directions, the above Bail Application

will stand disposed of.

W.P.(C.) No. 22905 of 2019

The prayers in the above W.P.(C.) filed under SectionArticle 226 of the

Constitution of India are as follows :

(i) Issue a writ of mandamus or any other appropriate writs, orders
of directions directing the 2nd respondent to entrust the investigation of
Crime No.220/2019 of the Perinthalmanna Police Station with the 4 th
respondent or any other specialized agency to ensure an effective
investigation.

(ii) Grant such other reliefs as this Hon’ble Court may deem fit and
proper in the circumstances of the case.”

2. Heard Sri.K.Rakesh, learned counsel appearing for the

petitioner (defacto complainant), Sri.Saigi Jacob Palatty, learned

Prosecutor appearing for the respondents. Sri.P.Samsudin, learned counsel

appearing for the petitioner/accused in the aforementioned anticipatory

bail application No.6551/2019 has also been heard.

3. Sri. K.Rakesh, learned counsel appearing for the petitioner

would submit on the basis of the instructions of the parties that now a

statement dated 04.11.2019 has been filed on behalf of the investigating

agency in this W.P.(C.). It is revealed from the said statement more

particularly, in paragraph (9) in page No.3 thereon that the investigation

has now been handed over to a senior officer of the rank of Asst.

Superintendent of Police, Perinthalmanna on 19.09.2019 onwards and
B.A.No.6551/2019 W.P.(C) No.22905/2019 9

though earlier, it has been conducted by a officer of the rank of Sub-

Inspector of Police. Accordingly, it is submitted by the learned counsel

appearing for the petitioner that this Court may record the said factual

aspect and then may make necessary direction to the investigating agency

to conduct an effective and proper investigation etc. and to complete and

finalise the investigation without any further delay.

4. Taking note of the abovesaid facts and circumstances, it is

ordered in the interest of justice that the investigating agency will take all

necessary steps to ensure that the investigation is conducted and

completed effectively and property and finalise the same, without much

delay.

With these observations and directions, the above W.P.(C.) will stand

disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE
SKS
B.A.No.6551/2019 W.P.(C) No.22905/2019 10

APPENDIX OF WP(C) 22905/2019
PETITIONER’S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE F.I.R.IN CRIME NO.220/2019
OF THE PERINTHALMANNA POLICE STATION
DATED,13.4.2019.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION FIELD BY
THE PETITIONER ON 25.6.2019 BEFORE THE
DIRECTOR GENERAL OF POLICE AND ALSO TO THE
FIRST RESPONDENT,WITHOUT DOCUMENTS.

EXHIBIT P3 TREU COPY OF THE POST-MORTEM CERTIFICATE
ISSUED FROM THE DIRECTORATE OF MEDICAL
EDUCATION,GOVERNMENT MEDICAL
COLLEGE,MANJERI DATED,13.4.2019

EXHIBIT P4 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
INJURY ON THE LEFT HAND OF THE FIRST
ACCUSED.

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