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Najeeb Hashim P.I vs State Of Kerala on 19 September, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 19TH DAY OF SEPTEMBER 2019 / 28TH BHADRA, 1941

Bail Appl..No.6358 of 2019

CRIME NO.1429/2019 OF PANDALAM POLICE STATION , PATHANAMTHITTA

PETITIONER/1ST ACCUSED:

NAJEEB HASHIM P.I.,
AGED 33 YEARS,
S/O.LATE.A IBRAHIM KUTTY, RESIDING AT PARAVILA MUJEEB
MANZIL, KHADI JUNCTION, KULAPPADAM, NEDUMPANA.P.O.,
PATHANAMTHITTA-691576

BY ADV. SRI.S.SREEKUMAR (KOLLAM)

RESPONDENT/STATE:

1 STATE OF KERALA
REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA AT ERNAKULAM-682031

2 THE SUB INSPECTOR OF POLICE,
PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT-
691523

SRI.AMJAD ALI, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.09.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.6358 of 2019

2

ALEXANDER THOMAS, J.
——————-
B.A.No.6358 of 2019
—————————
Dated this the 19th day of September, 2019

ORDER

The petitioner herein has been arrayed as accused No.1 among the

two accused in the instant Annexure A1 Crime No.1429/2019 of Pandalam

Police Station, which has been registered for the offences punishable under

Sections 498A, 324, 506 read with Section 34 of IPC on the basis of FI

statement given by the lady defacto complainant on 03.08.2019 at about

8.17 pm and the said alleged incidents happened during the period from

15.12.2016 to 03.08.2019. The lady defacto complainant in this case is the

wife of the petitioner herein (A1). The accused No.2 in the instant crime is

the brother of the petitioner herein (A1).

2. The prosecution case in short is that after the marriage of the

above said persons, the accused persons have treated the cruelty and

harassment on the lady defacto complainant and that they have demanded

more dowry and that the petitioner has assaulted her etc.

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

and circumstances of the case, this Court is inclined to take the view that

the custodial interrogation of the petitioner herein may not be necessary

for the smooth and fair conduct of the investigation in this crime.
B.A.No.6358 of 2019

3

4. Accordingly, it is ordered that in the event of the petitioner

being arrested in respect of the above crime, then the petitioner shall be

released on bail on his separately executing bond for Rs.40,000/- (Rupees

Forty Thousand only) and on his separately furnishing two solvent sureties

for the like sum both to the satisfaction of the investigating officer

concerned.

5. However, the above order in the matter of grant of bail will be

subject to the 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.

6. If there is any violation of the above said conditions by the

petitioner then the jurisdiction 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
JUDGE
bng/20.09.19

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