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Shamna Anzar vs State Of Kerala on 8 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

TUESDAY, THE 08TH DAY OF JANUARY 2019 / 18TH POUSHA, 1940

Bail Appl..No. 5844 of 2018

CRIME NO.1109/18 OF ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA

PETITIONERS:

1 SHAMNA ANZAR, AGED 45,
W/O. ANZAR, RESIDING AT RAFEEKA MANZIL,
THAIVALIKKAKAM, MULLATHUWARD, THIRUVAMBADI P.O,
ALLEPPEY DISTRICT.

2 AJMAL HUSSAIN ANZAR,
AGED 24 YEARS, S/O.ANZAR,
RESIDING AT RAFEEKA MANZIL, THAIVALIKKAKAM,
MULLATHUWARD, THIRUVAMBADI P.O, ALLEPPEY DISTRICT.

3 ARSHAK J.A, AGED 20 YEARS,
S/O.ANSAR, RESIDING AT RAFEEKA MANZIL,
THAIVALIKKAKAM, MULLATHUWARD,
THIRUVAMBADI P.O, ALLEPPEY DISTRICT.

BY ADV. MAJIDA.S

RESPONDENTS/STATE COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM-682 031.

2 CIRCLE INSPECTOR OF POLICE,
SOUTH POLICE STATION,
ALAPPUZHA DISTRICT-688001.

3 ADDL.R3. A.K.NAZAR,
AGED 56 YEARS
S/O.ABDUL KAREEM, MEENATHETHIL HOUSE,
POTHAPPULLYVADAKKUMURIYIL, KUMARAPURAM VILLAGE,
ALAPPUZHA DISTRICT. (ADDL.R3 IS IMPLEADED AS PER
ORDER DATED 24-09-2018 IN CRL.M.A.1/2018.)

BY ADVS.
PUBLIC PROSECUTOR
GEORGE SEBASTIAN

SRI AMJAD ALI SR PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.01.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 5844 of 2018 2

ORDER

This application is filed under Section 438 of the Cr.P.C.

2. The applicants herein are the accused Nos.2 to 4 in Crime

No.1109 of 2018 of the Alappuzha South Police Station, registered

under Section 498A of the IPC.

3. The 1st accused in the aforesaid Crime has married the

daughter of the de facto complainant on 1.4.2018. Thereafter they

started residing in the matrimonial home. It is alleged that after about

one month of the marriage, the 1 st accused left to pursue his

employment abroad. Thereafter the accused Nos.2 to 4 are alleged to

have subjected the victim to physical and mental harassment

demanding dowry. Stating these allegations an information was

furnished before the police and the subject Crime was registered.

4. The learned counsel appearing for the applicants submitted

that there is no truth in the allegations. According to the learned

counsel, the daughter of the de facto complainant has already initiated

proceedings under the Domestic Violence Act and also for realisation

of money before the Family Court, Mavelikkara. According to the

learned counsel, the applicants, who are the family members of the 1 st

accused, have been unnecessarily dragged to the Police Station with

the sole objective of harassing them. It is urged that the police have
Bail Appl..No. 5844 of 2018 3

registered the crime without even considering the genuineness of the

allegations levelled against them by the de facto complainant.

5. The de facto complainant has filed an application seeking

intervention. He has vehemently opposed the prayer.

6. The learned Public Prosecutor, on instructions, submitted

that though serious allegations are levelled, no materials have been

produced along with the complaint to show that any physical injuries

were inflicted.

7. I have considered the submissions advanced. After going

through the materials on record, I am of the considered view that the

custodial interrogation of the applicants are not necessary for an

effective investigation in the instant case.

In the result, this application will stand allowed. The applicants

shall appear before the investigating officer within ten days from today

and shall undergo interrogation. Thereafter, if they are proposed to be

arrested, they shall be released on bail on their executing a bond for a

sum of Rs.40,000/- (Rupees Forty thousand only) each with two

solvent sureties each for the like sum. The above order shall be

subject to the following conditions:

(i) The applicants shall co-operate with the investigation
and shall appear before the Investigating Officer as and
when they are called upon to do so.

Bail Appl..No. 5844 of 2018 4

ii) They shall not directly or indirectly make any
inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him/her from
disclosing such facts to the court or to any police officer.

iii) They shall not commit any similar offence while on bail.

In case of violation of any of the above conditions, the

jurisdictional Court shall be empowered to consider the application

for cancellation, if any, and pass appropriate orders in accordance

with the law.

SD/-

RAJA VIJAYARAGHAVAN V.,
JUDGE
IAP //TRUE COPY// P.A. TO JUDGE

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