IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 23RD DAY OF JULY 2019 / 1ST SRAVANA, 1941
Bail Appl..No.3128 of 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 628/2019 of DISTRICT COURT
SESSIONS COURT,KOLLAM DATED 12-04-2019
CRIME NO.2590/2018 OF Kundara Police Station , Kollam
PETITIONER/S:
1 SAKEER HUSSAIN, AGED 37 YEARS, S/O ABDUL AZEEZ,
SALIM MANZIL, PERUMPUZHA P.O.KOLLAM TALUK.
2 ASUMA BEEVI, AGED 70 YEARS, W/O ABDUL AZEEZ,
SALIM MANZIL, PERUMPUZHA P.O.KOLLAM TALUK.
3 JASMIN, AGED 37 YEARS, W/O SALIM,
ANZARI MANZIL, PERUMPUZHA P.O.KOLLAM TALUK.
4 SALIM, AGED 50 YEARS, S/O ABDUL AZEEZ, ANZARI
MANZIL, PERUMPUZHA P.O.KOLLAM TALUK.
BY ADVS.
SRI.M.KIRANLAL
SRI.MANU RAMACHANDRAN
SRI.R.RAJESH (VARKALA)
SRI.T.S.SARATH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 SUB-INSPECTOR OF POLICE,
KUNDARA POLICE STATION, KOLLAM DISTRICT- 691 501.
3 MAJIDA, D/O NADEERA, VAYALIL PUTHEN VEEDU,
MANAGALA NAGAR, ARUNOOTTIMANGALAM CHERRY,
MANAGAD, KUNDARA, KOLLAM.
BY ADV. GOVERNMENT PLEADER
OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Bail Appl..No.3128 of 2019
ALEXANDER THOMAS, J.
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B.A.No.3128 Of 2019
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Dated this the 23rd day of July, 2019.
ORDER
The petitioners have been arrayed as accused Nos.1 to 4 in the
instant Crime No.2590/2018 of Kundara Police Station, which has been
registered for offence punishable under Secs.498A, 323 34 of the
SectionI.P.C., on the basis of the FI statement given by the lady de facto
complainant on 5.12.2018 at about 8:50 p.m., in respect of the alleged
incidents which have occurred from 2017 onwards. The lady de facto
complainant in this case is the wife of the 1 st petitioner (accused No.1).
The petitioners 2 to 4 (accused Nos.2 to 4) are the mother, brother’s
wife and brother of the 1st petitioner (accused No.1).
2. The brief of the prosecution case is that the accused persons
have treated the lady de facto complainant with cruelty and harassment
demanding more dowry and they have misappropriated gold ornaments
of her, etc. That the 1st petitioner, who is the husband of the lady de
facto complainant had manhandled her, etc.
3. After hearing both sides, this Court is of the view that
custodial interrogation of the petitioners is not necessary in this case.
Accordingly, it is ordered in the interest of justice that in case the
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Bail Appl..No.3128 of 2019
Investigating Officer arrest the petitioners in relation to Crime
No.2590/2018 of Kundara Police Station, then they shall be released on
bail on their separately executing bonds for Rs.40,000/- (Rupees Forty
Thousand only) and on separately furnishing 2 solvent sureties for the
like sum each to the satisfaction of the Investigating Officer concerned.
Further it is also ordered that 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.
If there is any violation of the abovesaid conditions by the petitioners,
then the jurisdictional court concerned 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 disposed of.
Sd/-
ALEXANDER THOMAS,
Judge.
bkn/-