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Muhammed Shafi vs State Of Kerala on 4 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

FRIDAY, THE 04TH DAY OF JANUARY 2019 / 14TH POUSHA, 1940

Bail Appl..No. 8552 of 2018

CRIME NO. 696/2018 OF Guruvayoor Police Station, Thrissur

PETITIONER/ACCUSED NO.1:

MUHAMMED SHAFI, AGED 28 YEARS,
S/O. YOUSAF, PANIKKA VEETTIL HOUSE, KANJIRAKKODE,
KUMARANELLOOR P.O, THRISSUR DISTRICT.

BY ADVS.
SRI.P.V.ANILKUMAR
SMT.D.SARITHA
SMT.M.K.RAJITHA

RESPONDENT/COMPLAINANT:

STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

SRI AMJAD ALI,SENIOR PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.01.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 8552 of 2018 2

ORDER

This application is filed under Section 438 of the Cr.P.C.

2. The applicant herein is the 1st accused in Crime No.696

of 2018 registered at the Guruvayoor Police Station under Section

498A r/w. Section 34 of the IPC.

3. The de facto complainant is the wife of the applicant

herein. Accused Nos.2 to 5 are the near relatives of the applicant

and the 6th accused is his friend. The marriage between the

applicant and the de facto complainant was solemnized on

14.08.2016. In her complaint, she alleges ill-treatment on the part

of the applicant and his family members with a view to coerce her

to bring more dowry. It is specifically alleged that on 08.06.2018, at

about 8.00 p.m., the accused trespassed into her parental home

and by brandishing a knife, threatened her with injury.

4. The learned counsel appearing for the applicant

submitted that the applicant is working in the Qatar Airways as a
Bail Appl..No. 8552 of 2018 3

cabin crew. According to learned counsel, the rest of the accused

have been granted pre-arrest bail by the court below. He would

further submit that the de facto complainant has filed a petition

under the protection of Women from Domestic Violence Act, 2005

which is pending before the learned Magistrate. The complaint has

been filed in the heat of the moment and, according to the learned

counsel, if the applicant is arrested and remanded, the chances of

settlement and reunion will be irrevocably ruined.

5. The learned Public Prosecutor, on instructions, submitted

that though serious allegations are levelled, no materials have been

produced along with the complaint to show that any physical

injuries were inflicted. In the facts and circumstances, it would be

sufficient if the applicant herein is ordered to co-operate with the

investigation, submits the learned Public Prosecutor.

6. I have considered the submissions advanced. After going

through the materials on record, I am of the considered view that

the custodial interrogation of the applicant is not necessary for an

effective investigation in the instant case.
Bail Appl..No. 8552 of 2018 4

7. In the result, this application will stand allowed. The

applicant shall appear before the investigating officer within ten

days from today and shall undergo interrogation. Thereafter, if he is

proposed to be arrested, he shall be released on bail on his

executing a bond for a sum of Rs.40,000/- (Rupees Forty thousand

only) with two solvent sureties each for the like sum. The above

order shall be subject to the following conditions:

i) The applicant shall co-operate with the investigation
and shall appear before the Investigating Officer on
every Saturdays between 10 A.M and 1 P.M. for a period
of two months or till final report is filed whichever is
earlier.

ii) He shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him/her from
disclosing such facts to the court or to any police officer.

iii) He shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the
jurisdictional Court shall be empowered to consider the application
for cancellation, if any, and pass appropriate orders in accordance
with the law.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
DSV/-

//TRUE COPY// P.A.TO JUDGE

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