IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 07TH DAY OF NOVEMBER 2019 / 16TH KARTHIKA, 1941
Bail Appl..No.7791 OF 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 1454/2019 DATED 11-10-2019 OF
DISTRICT COURT SESSIONS COURT,THALASSERY
PETITIONER/ACCUSED NO.1:
SHAHIN K.
AGED 33 YEARS
S/O. ABDUL RAHEEM V.C, KORANCHIRATH HOUSE, NEAR
SIDDIQUE PALLI, MATTOOL NORTH P.O, KANNUR-670 325
BY ADV. SRI.C.K.SREEJITH
RESPONDENTS/COMPLAINANT AND STATE :
1 THE STATION HOUSE OFFICER
PAZHAYANGADI POLICE STATION, KANNUR DIST. REP. BY
PUBLIC PROSECUTOR., HIGH COURT OF KERALA, ERNAKULAM-
682 031.
2 STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.11.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.7791 OF 2019 2
ALEXANDER THOMAS, J.
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B.A. No. 7791 of 2019
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Dated this the 7th day of November, 2019
ORDER
The petitioner herein has been arrayed as the sole accused in the
instant Crime No. 152/2019 of Pazhayangadi Police Station which has been
registered for the offences punishable under Secs. 498A, 420 r/w Sec.34 of
the SectionIPC. The said crime has been registered on the basis of the FIS given by
the petitioner’s wife. Initially, altgother 7 persons have been arrayed in the
accused array and later, the Police has deleted A6 and A7 from the accused
array. Accused 2 to 5 are the mother, brother, sister and sister’s husband
respectively of the petitioner herein (A1).
2. The prosecution case in short, is that after the marriage
between the abovesaid spouses, the accused persons have treated the lady
defacto complainant with cruelty and harassment and that they have
demanded that she should bring more money and that A1 had concealed
the fact that he had earlier contracted another marriage etc. Accused 2 to 5
have already been granted anticipatory bail by the Sessions Court
concerned.
3. The learned Prosecutor would submit on the basis of the
instructions that the investigation in this case has already been completed
Bail Appl..No.7791 OF 2019 3
and the final report/charge sheet has already been duly filed by the
investigating agency before the competent criminal court concerned and
therefore, the apprehension of the petitioner that he will be arrested in
connection with the investigation in this crime is unfounded inasmuch as
the investigation in this crime is completed. Further that, it is for the
petitioner therefore, to move the appropriate criminal court concerned for
the grant of bail, after he receives summons from the said court consequent
to the taking of cognizance etc. The liberty is thus accorded to the
petitioner to work out remedies in accordance with law.
With the said liberty, the above bail application will stand disposed
of.
sd/-
ALEXANDER THOMAS,
JUDGE
SKS