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Pathumma vs The State Of Kerala on 9 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941

Bail Appl..No.6781 OF 2019

AGAINST THE ORDER IN CRMC 695/2019 DATED 06-09-2019 OF SESSIONS
COURT,MANJERI

CRIME NO.136/2019 OF POOKOTTUMPADAM POLICE STATION , Malappuram

PETITIONERS/ACCUSED NOS.2 4:

1 PATHUMMA
AGED 65 YEARS
W/O.LATE ABDULLA,ADUKKATH HOUSE,
KOTTAMPARA,AMARAMBALAM.P.O,
NILAMBUR TALUK,MALAPPURAM DISTRICT.

2 HASKER,
AGED 30 YEARS
S/O LATE ABDULLA,ADUKKATH
HOUSE,KOTTAMPARA,AMARAMBALAM.P.O,
NILAMBUR TALUK,MALAPPURAM DISTRICT.

BY ADV. SRI.K.RAKESH

RESPONDENTS/STATE COMPLAINANT:

1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM,
KOCHI-682031.

2 THE STATION HOUSE OFFICER,
POOKKOTUMPADAM POLICE STATION,
MALAPPURAM DISTRICT,PIN-679332.

OTHER PRESENT:

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.10.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.6781/2019 2

ALEXANDER THOMAS, J.
——————————————-
B.A.No. 6781 of 2019
———————————————-
Dated this the 9th day of October, 2019

ORDER

The petitioners herein have been arrayed as accused Nos.2 and 4

among the four accused in the instant Crime No.136/2019 of

Pokkottupadam Police Station, which has been registered for offences

punishable under Sections 498A, Section313 Section34 of the IPC on the basis of the

First Information Statement given by the lady defacto complainant on

6.6.2019 at about 7.40 p.m in respect of the alleged incident, which had

happened for the period from 25.09.2016 to 05.06.2019. The lady

defacto complainant in this case is the wife of A1. Accused No.3 is one

of the brothers of A1. The two petitioners herein (A2 and A4) are the

mother and another brother respectively of A1.

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

the above said spouses, the petitioners have treated the lady with

cruelty and harassment and that A1 and A2 had compelled her to take

tablet for undergoing abortion on 7.5.2019 and further that accused

persons have misappropriated her gold ornaments and demanded more

dowry. A1 (husband) has already been arrested and remanded and

thereafter, has been let off on regular bail. It is pointed out that the
B.A.No.6781/2019 3

allegations against two petitioners herein (A2 and A4) are false and

baseless and that accused Nos.2 to 4 have been residing elsewhere and

not along with the lady defacto complaint and her husband in the

marital home.

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 petitioners have made out a strong probable case that their

custodial interrogation may not be necessary for effectuating smooth

and fair conduct of the investigation in this crime. Accordingly, it is

ordered in the event of the petitioners being arrested in relation to the

above said crime, then they shall be released on bail on their separately

executing a bond for Rs.40,000/- (Forty thousand only) each and on

their separately furnishing two solvent sureties each for the like sum

both to the satisfaction of the Investigating Officer concerned.

However, the grant of bail will 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.

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

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

B.A.No.6781/2019 4

If there is any violation of the abovesaid conditions by the

petitioners, then the jurisdictional 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 stands allowed.

Sd/-

ALEXANDER THOMAS, JUDGE.

acd

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