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Judgments of Supreme Court of India and High Courts

Niyas vs The State Of Kerala on 29 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, 1941

Bail Appl..No.7330 OF 2019

AGAINST THE ORDER/JUDGMENT IN CRMC 1554/2019 OF DISTRICT COURT
SESSIONS COURT, KOLLAM

CRIME NO.416/2019 OF Chavara Police Station , Kollam

PETITIONER/S:

1 NIYAS, AGED 35 YEARS
S/O LATE ISMAIL KUNJU RIYAS MANZIL,
TOTTINUVADAKKU CHAVARA,KOLLAM.

2 SULAIMUTH, AGED 55 YEARS
W/O LATE ISMAILKUNJU,DO… DO..

3 KUNJUMON, AGED 40 YEARS
S/O POOKUNJU, MARUTHOOR PADINJATTATHIL,
TOTTINUVADAKKU, CHAVARA, KOLLAM.

4 NIKHILA, AGED 32 YEARS
W/O NIZAR, THODIYILK KAVIL,VADAKKATHIL,
CLAPPANA,OACHIRA.

BY ADVS.
SRI.P.BIJIMON
SRI.JACOB SAMUEL
SHRI. ABDUL JABBARUDEEN.M

RESPONDENT/S:

THE 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
29.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
::2::
Bail Appl..No.7330 OF 2019

ALEXANDER THOMAS, J.
—————————–
B.A.No.7330 Of 2019
———————————
Dated this the 29th day of October, 2019.

ORDER

The 4 petitioners herein have been arrayed as accused

Nos.1, 2, 5 4 among the 5 accused in the instant Crime

No.416/2019 of Chavara Police Station, Kollam District, which

has been registered for offences punishable under Secs.406,

498A 34 of the SectionI.P.C., on the basis of the FI statement given

by the lady de facto complainant on 14.4.2019 at about 11:45

p.m. in respect of the alleged incidents that had happened for

the period from 8.9.2011 to 14.4.2019. The lady de facto

complainant in this case is the wife of the 1 st petitioner (A1)

and petitioners 2 to 4 are the mother, father’s younger brother

and sister of the 1st petitioner (A1).

2. The prosecution case in short is that after the

marriage between the spouses, the petitioners have treated the

de facto complainant with cruelty and harassment and that

they have demanded more dowry and more gold ornaments
::3::

Bail Appl..No.7330 OF 2019

and that they have misappropriated her gold ornaments, etc.,

and thereby they have committed the abovesaid offences.

3. After hearing both sides and after careful evaluation

of the facts and circumstances of the case, this Court is of the

view that custodial interrogation of the petitioners may not be

really necessary or warranted for effectuating the smooth and

fair conduct of the investigation.

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

petitioners being arrested in connection with Crime

No.416/2019 of Chavara Police Station, Kollam District, then

they shall be released on bail on their separately executing

bonds for Rs.40,000/- (Rupees Forty Thousand only) and on

separately furnishing 2 solvent sureties for the like sum each

to the satisfaction of the Investigating Officer concerned.

However, the above order shall 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.

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Bail Appl..No.7330 OF 2019

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

(iv) The petitioners shall not influence the witnesses or
shall not tamper or attempt to tamper evidence in
any manner, whatsoever.

(v) In case of violation of any of the above conditions,
the jurisdictional Court concerned will stand
hereby empowered to consider the application for
cancellation of bail, if required, and pass
appropriate orders in accordance with the law.

With these observations and directions, the above Bail

Application stands disposed of.

Sd/-

ALEXANDER THOMAS,
Judge.

bkn/-

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