SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sakeer Hussain vs State Of Kerala on 23 July, 2019

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:
::2::

Bail Appl..No.3128 of 2019

ALEXANDER THOMAS, J.
—————————–
B.A.No.3128 Of 2019
———————————
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
::3::

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/-

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation