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Shahin K vs The Station House Officer on 7 November, 2019

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.
—————————————–
B.A. No. 7791 of 2019
—————————————–
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

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