IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 09TH DAY OF JANUARY 2020 / 19TH POUSHA, 1941
Bail Appl..No.9074 OF 2019
CRIME NO.1289/2019 OF AROOR POLICE STATION, ALAPPUZHA
PETITIONERS/ACCUSED 1 AND 2:
1 SAJID
AGED 42 YEARS
S/O. ABDUL KHADER, EDEND GARDEN, SHINGRILA,
KOCHUVELIKKAVALA, CHANDIROOR P. O., AROOR,
ALAPPUZHA DISTRICT.
2 ABDUL KHADER
AGED 82 YEARS
SHINGRILA, KOCHUVELIKKAVALA,
CHANDIROOR, P. O. AROOR, ALAPPUZHA DISTRICT.
BY ADV. SRI.ABDUL JALEEL.A
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031.
2 THE SUB INSPECTOR OF POLICE,
AROOR POLICE STATION,
ALAPPUZHA DISTRICT, PIN – 688 534.
SRI SANTHOSH PETER, SR. PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.9074 OF 2019
2
Bail Application No.9074 of 2019
———————————————
ORDER
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure.
2. The petitioners are accused Nos.1 and 2 in Crime
No.1289 of 2019 of Aroor Police Station registered under Sections
498A, 323, 325 and 506(i) read with Section 34 of the Indian Penal
Code.
3. The first accused is the husband of the de facto
complainant and the second accused is the father of the first accused.
The allegation in essence is that the de facto complainant was
subjected to cruelty by the accused while she was residing with the
first accused. It is also alleged that the accused used to assault the de
facto complainant.
4. Heard the learned counsel for the petitioners as also the
learned Public Prosecutor.
5. It is seen that the crime is one registered on receipt of a
reference under Section 156(3) of the Code of Criminal Procedure. The
Bail Appl..No.9074 OF 2019
3
complaint lodged by the de facto complainant which was made
available indicates that the dispute is one arose on account of the
matrimonial discord between the de facto complainant and the first
accused.
In the circumstances, I am inclined to grant anticipatory bail
to the petitioners on the following conditions:
i) The petitioners shall make themselves available for
interrogation before the Investigating Officer within seven
days from today. They shall also make themselves available
for interrogation before the Investigating Officer as and
when directed by the Investigating Officer in writing to do
so;
ii) If the petitioners are arrested prior to, or after their
appearance before the Investigating Officer in terms of this
order, they shall be released from custody on execution of
bond for Rs.25,000/- each with two sureties each for the like
sum.
(iii) The petitioners shall not influence or intimidate the
prosecution witnesses nor shall they attempt to tamper with
Bail Appl..No.9074 OF 2019
4
the evidence of the prosecution.
iv) The petitioners shall not involve in any other offence
while on bail.
Sd/-
P.B.SURESH KUMAR, JUDGE.
DK
