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Sajid vs State Of Kerala on 9 January, 2020

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

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