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Noufal vs State Of Kerala on 17 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY, THE 17TH DAY OF OCTOBER 2019 / 25TH ASWINA, 1941

Bail Appl..No.7046 OF 2019

CRIME NO.1064/2019 OF THRIKUNNAPPUZHA POLICE STATION, ALAPPUZHA

PETITIONER:

NOUFAL
AGED 36 YEARS
S/O. ABOOBACKER,
RESIDING AT NOUFAL MANZIL,
THRIKUNNAPUZHA, ALAPPUZHA – 690 515.

BY ADV. SRI.R.KISHORE (KALLUMTHAZHAM)

RESPONDENTS:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM – 682 031.

2 SUPERINTENDENT OF POLICE
ALAPPUZHA – 688 001.

3 STATION HOUSE OFFICER
THRIKUNNAPUZHA POLICE STATION,
ALAPPUZHA – 690 515.

SRI.AMJAD ALI, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A No.7046 of 2019
2

ALEXANDER THOMAS, J.

B.A No.7046 of 2019

Dated this the 17th day of October, 2019

ORDER

The petitioner herein has been arrayed as the sole accused in the

instant Annexure-A1 Crime No.1064/2019 of Thrikunnapuzha Police

Station, Alappuzha, which has been registered for offences punishable

under Sec.498A of the Indian Penal Code, on the basis of the First

Information Statement given by the lady de facto complainant on

10.09.2019 at about 10.30 a.m., in respect of the alleged incidents which

happened for the period from 11.09.2012 to 14.08.2019. The petitioner

herein is the husband of the lady de facto complainant.

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

abovesaid spouses, the petitioner has consistently treated the lady with

cruelty and harassment and that he has been misappropriated her gold

ornaments coming to 65 sovereigns and Rs.4 lakhs given to her by her

parents and about two years after the marriage, the petitioner started

demanding that the dowry secured by her is less and that she should

bring him more dowry and that he could have secured another
B.A No.7046 of 2019
3

marriage, wherein he would have got at least 100 sovereigns of gold and

that he wants his wife to wear jeans and shirts and that on 14.08.2019 at

about 12.30 a.m. in the early morning, the petitioner had threatened the

lady de facto complainant and her mother and abused them, 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 may not be

necessary for the smooth and effective conduct of the investigation in

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

being arrested in connection with the abovesaid crime, he shall be

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

Thousand only) and on his furnishing two solvent sureties for the like

sum, each to the satisfaction of the Investigating Officer concerned.

4. However, the grant of bail will be subject to 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.

B.A No.7046 of 2019
4

(v) If there is any violation of the abovesaid conditions by the
petitioner, then the jurisdictional court concerned 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
vgd

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