IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
TUESDAY, THE 05TH DAY OF NOVEMBER 2019 / 14TH KARTHIKA,
1941
Bail Appl.No.7150 OF 2019
CRIME NO.937/2019 OF Thaliparamba Police Station, Kannur
PETITIONER/ ACCUSED :
SHANFAR.A.P.,
AGED 33 YEARS,
S/O. ABDUL NAZAR N.,
RESIDING AT CHANDIKKARI,
CHORUKKALA, TALIPARAMBA TALUK,
KANNUR DISTRICT.
BY ADVS.
SRI.M.SASINDRAN
SRI.SATHEESHAN ALAKKADAN
RESPONDENTS/ COMPLAINANT STATE :
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031.
2 THE STATION HOUSE OFFICER,
(CRIME NO.937 OF 2019 OF TALIPARAMBA POLICE
STATION), KANNUR DISTRICT – 670 001.
BY SR.PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 05.11.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING :
Bail Appl.No.7150 OF 2019
2
ORDER
The petitioner is arrayed as accused in Crime
No.937 of 2019 of Taliparamba Police Station, Kannur District
for offence under Sections 323, Section498A and Section308 of the Indian
Penal Code. The petitioner is the husband of the de facto
complainant. The prosecution allegation is that on
28.08.2019, at about 8.15 a.m., the petitioner went to the
house of the de facto complainant and poured kerosene and
tried to set fire,. He had also taken 18 sovereigns of gold
ornaments and mobile phone belongs to the de facto
complainant. It is further alleged that the petitioner treated
the de facto complainant cruelly demanding more gold
ornaments. It is further stated that the father of the de fact
complainant wanted to contract a 2nd marriage for his
daughter. Therefore the above complaint has been filed.
Bail Appl.No.7150 OF 2019
3
2. Heard both sides.
3. It is an admitted fact that their marriage was
solemnized on 28.04.2019. Originally the crime was
registered under Sections 323, Section498 A IPC and subsequently
on the allegation that the petitioner has poured kerosene on
the body of the de facto complainant, Section 308 IPC was
incorporated. There is no case that the petitioner has
brought kerosene with an intention to kill the de facto
complainant.
4. From the FI Statement, it has turned out that
the petitioner has gone to the kitchen of the de facto
complainant’s residence and took kerosene and poured on
her body. It has turned out that the petitioner has not
brought kerosene for the purpose of causing injury to the de
facto complainant. In fact this is purely a marital dispute
and Section 308 IPC was subsequently added.
Bail Appl.No.7150 OF 2019
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5. Moreover they are recently married couples.
Considering the nature of the case and that it is related to a
marital dispute, I find it is just and proper to allow the
anticipatory bail, as sought for by the petitioner.
In the result, this application is allowed and the
Station House Officer, Taliparamba Police Station shall
enlarge the petitioner on bail, in the event of his arrest on
execution of a bond for Rs.50,000/- each with two solvent
sureties each for the like sum to the satisfaction of the
Investigating Officer, subject to the following conditions :
1. The petitioner shall appear before the SHO,
Taliparamba Police Station as and when required.
2. The petitioner shall not involve in any offence
while on bail.
3. The petitioner shall not cause any annoyance
to the peaceful life of the de facto complainant and relatives.
Bail Appl.No.7150 OF 2019
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4. If the petitioner violates any of the above
conditions, the bail granted to him, by this Court shall stand
cancelled, forthwith.
Sd/-
ANNIE JOHN, JUDGE
RKM