IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2020 / 23RD MAGHA, 1941
Bail Appl..No.273 OF 2020
IN CRIME NO.1809/2019 OF Kadakkal Police Station , Kollam RURAL
DISTRICT REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION
498A R/W 34 OF THE INDIAN PENAL CODE
PETITIONERS/ACCUSED 1 TO 3:
1 SAJEER,
AGED 29 YEARS
S/O. SALEEM , RESIDING AT SAJEER, MANZIL EZHIYAM,
VAYYANAM P.O., ITTIVA, KADAKKAL, KOLLAM DISTRICT,
PIN-691 533
2 NABEESATH BEEVI,
AGED 48 YEARS
W/O. SALEEM , RESIDING AT SAJEER, MANZIL EZHIYAM,
VAYYANAM P.O., ITTIVA, KADAKKAL, KOLLAM DISTRICT,
PIN-691 533
3 AL.AMEEN,
AGED 25 YEARS
RESIDING AT SAJEER, MANZIL EZHIYAM, VAYYANAM P.O.,
ITTIVA, KADAKKAL, KOLLAM DISTRICT, PIN-691 533
BY ADVS.
SRI.J.R.PREM NAVAZ
SHRI.SUMEEN S.
RESPONDENTS/STATE DEFACTO COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM,PIN-682 031
SRI AMJAD ALI-PP
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
05.02.2020, THE COURT ON 12.02.2020 PASSED THE FOLLOWING:
B.A.No.273/2020
2
R.NARAYANA PISHARADI, J
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B.A.No.273 of 2020
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Dated this the 12th day of February, 2020
ORDER
This is an application for anticipatory bail filed under Section
438 Cr.P.C.
2. The petitioners are accused 1 to 3 in the case registered
as Crime No.1809 of 2019 of the Kadakkal Police Station under
Section 498A read with Section 34 of the Indian Penal Code.
3. The first accused is the husband of the de facto
complainant. The second accused is the mother and the third
accused is the brother of the first accused. The marriage between
the first accused and the de facto complainant was solemnized on
06.08.2018. It is alleged that the first accused had obtained the
gold ornaments of the de facto complainant and that he has
mentally and physically tortured her.
B.A.No.273/2020
3
4. Heard the learned counsel for the petitioners and also the
learned Public Prosecutor. Perused the case diary.
5. The report of the investigating officer shows that the
names of the second and the third petitioners have been deleted
from the array of accused and now, the first petitioner is the sole
accused in the case.
6. There is an allegation that the first petitioner has
physically assaulted the de facto complainant. The allegation is
that he has beaten her with his hands. But, considering the
totality of the allegations raised against the first petitioner and
the other circumstances of the case, it appears that custodial
interrogation of the first petitioner is not necessary to have an
effective investigation in the case. Any chance of re-union of the
first petitioner and the de facto complainant would be lost, if the
first petitioner happens to be in jail even for a day. Considering
all these aspects, I find that the discretion of the court can be
exercised in favour of the first petitioner to grant him the benefit
of pre-arrest bail.
B.A.No.273/2020
4
7. In the result, the petition is allowed in part. The prayer
for granting pre-arrest bail to the second and the third petitioners
is rejected as they are now not in the array of accused persons.
The prayer for granting pre-arrest bail to the first petitioner is
allowed on the following conditions:
(1) The first petitioner shall be released on bail on
executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand
only) with two sureties for the like amount in the event of his
arrest by the police in Crime No.1809 of 2019 of Kadakkal Police
Station.
(2) The first petitioner shall appear before the investigating
officer between 9.00 a.m and 11.00 a.m on all Saturdays for a
period of three months from the date of his release on bail.
(3) The first petitioner shall surrender his passport in the
Magistrate’s Court concerned within three days from the date of
his release on bail. If he has no passport, he shall file an affidavit
to that effect in that Court within that period.
(4) The first petitioner shall not in any manner intimidate or
B.A.No.273/2020
5
influence the de facto complainant or other prosecution witnesses
in the case.
(5) The first petitioner shall not leave the State of Kerala
without the prior permission of the jurisdictional court concerned.
(6) The first petitioner shall appear before the Investigating
Officer as and when directed in writing to do so.
(7) If the first petitioner violates any of the conditions of
bail, it is open to the court having jurisdiction over the case to
cancel his bail without any further orders from this Court, but in
accordance with law.
(sd/-)
R.NARAYANA PISHARADI, JUDGE
jsr
True Copy
PS to Judge