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Shanfar.A.P vs State Of Kerala on 5 November, 2019

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

4

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

5

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

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