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Sajeer vs State Of Kerala on 12 February, 2020

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
************************
B.A.No.273 of 2020
———————————————-
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

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