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Shaji vs State Of Kerala on 11 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 11TH DAY OF OCTOBER 2019 / 19TH ASWINA, 1941

Bail Appl..No.6997 OF 2019

CRIME NO.1134/2019 OF Pooyapally Police Station , Kollam

PETITIONER/ACCUSED:

SHAJI,AGED 39 YEARS
RESIDING AT SHAJI BHAVAN, PERUMPUZHA P.O., KOLLAM –
691 504.

BY ADVS.
SRI.V.JOHN SEBASTIAN RALPH
SRI.V.JOHN THOMAS
SRI.B.DEEPAK
SHRI. RALPH RETI JOHN
SHRI.VISHNU CHANDRAN
KUM. KEERTHANA SUDEV

RESPONDENT/COMPLAINANT:

STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN – 682 031.

OTHER PRESENT:

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11.10.2019, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.6997/2019 2

ALEXANDER THOMAS, J.
——————————————-
B.A.No. 6997 of 2019
———————————————-
Dated this the 11th day of October, 2019

ORDER

The petitioner herein has been arrayed as the sole accused in the

instant Crime No.1134/2019 of Poyyapally Police Station, Kollam, which

has been registered for offences punishable under Sections 498A, Section323, Section324

and Section506 of the IPC on the basis of the F.I. Statement given by the lady

defacto complainant, who is the wife of the petitioner herein.

2. The prosecution case in short is that after the marriage of the

above said spouses, the petitioner has treated the lady defacto complainant

with cruelty and harassment and assaulted her and has demanded more

dowry from her etc. Thereby, he has committed the above said offences.

3. The learned counsel for the petitioner would point out that the

above said allegations raised against the petitioner are false and baseless

and that the custodial interrogation of the petitioner is not necessary for

the smooth and effective conduct of the investigation in this case.

4. The learned Public Prosecutor has opposed the plea for

anticipatory bail.

5. After hearing both sides and after careful evaluation of the

facts and circumstances of the case, this Court is inclined to take the view

that custodial interrogation of the petitioner may not be necessary for

effectuating smooth and fair conduct of the investigation in this crime.
B.A.No.6997/2019 3

Accordingly, it is ordered in the event of the petitioner being arrested in

relation to the above said crime, then he shall be released on bail on his

executing a bond for Rs.40,000/- (Forty thousand only) and on his

furnishing two solvent sureties for the like sum both to the satisfaction

of the Investigating Officer concerned. However, the grant of bail will

be subject to the following conditions:

(i) The petitioner shall not involve in any criminal
offences of similar nature.

(ii) The petitioner shall fully co-operate with the
investigation.

(iii) The petitioner shall report before the
Investigating Officer as and when required in
that connection.

(iv) The petitioner 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

petitioner, then the jurisdictional court concerned will stand hereby

empowered to consider the plea for cancellation of bail at the

appropriate time.

With these observations and directions, the above Bail

Application will stand disposed of.

sd/-

ALEXANDER THOMAS, JUDGE.

acd

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