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Sharafudeen vs State Of Kerala on 6 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

WEDNESDAY,THE 06TH DAY OF FEBRUARY 2019 / 17TH MAGHA, 1940

Bail Appl..No. 480 of 2019

CRIME NO. 1984/2018 OF KOLLAM EAST POLICE STATION, KOLLAM

PETITIONER/2ND ACCUSED:

SHARAFUDEEN, AGED 68 YEARS,
S/O.ABDUL RAWTHAR, ALIF MANZIL,
CANTONMENT NORTH, KOLLAM.

BY ADV. SRI.ALEXANDER GEORGE

RESPONDENTS/COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTION,
HIGH COURT OF KERALA, ERNAKULAM-682031.

2 THE SUB INSPECTOR OF POLICE,
KOLLAM EAST POLICE STATION,
KOLLAM DISTRICT-691016.

OTHER PRESENT:
SRI. AMJAD ALI SR. PP.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.02.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA:480/19 2

O R D E R

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

2. The 2nd accused in Crime No.1984 of 2018 of the Kollam

East Police Station is the applicant herein. He along with rest of the

accused were proceeded against for having committed offence

punishable under Sections 294(b), 323 and 498A r/w Section 34 of the

Indian Penal Code.

3. The 1st accused is the husband of the de facto complainant.

Their marriage was solemnized on 27.9.2015. A sum of Rs.5 lakhs as

well as ornaments were handed over. It is alleged that the accused

subjected her to physical as well as mental cruelty. Specific allegation

is that on 8.12.2018 at about 11 a.m, the applicant herein, who is the

father-in-law of the de facto complainant, fisted on her nose causing

injuries. On the same day itself, sh was taken to the hospital and she

underwent treatment. Later, based on her complaint, instant crime

has been registered.

4. The learned counsel appearing for the applicant submitted

that all the accused except the applicant herein were granted pre-

arrest bail by the Court of Session. He would contend that the
BA:480/19 3

applicant is a man aged 68 years and is sick and ailing and the

allegation of physical abuse levelled against him is without basis.

5. The learned Public Prosecutor has opposed the prayer. He

has made available the wound certificate of the victim, which shows

that on the same day itself, the victim was admitted in the hospital

with injuries. He would contend that the materials clearly reveal that

the applicant herein had subjected the lady to physical abuse.

6. Having gone through the case diary, I do not think that the

applicant is entitled to an order of pre-arrest bail. The case records

clearly probablize the case of the prosecution. However, taking note of

the fact that the applicant is a senior citizen and considering the

nature of injury, which cannot be regarded as serious, I am of the

view that necessary directions can be given to the applicant to co-

operate with the investigation.

7. The applicant is directed to surrender before the

investigating officer within ten days from today. After interrogation, he

shall be produced before the court having jurisdiction, where he may

seek regular bail. If an application for bail is preferred, with advance

notice to the concerned Public Prosecutor, the same shall be
BA:480/19 4

considered and orders shall be passed expeditiously and on its merits

ideally on the same day itself.

This application is dismissed.

SD/-

RAJA VIJAYARAGHAVAN V.,
ps JUDGE

//TRUE COPY// P.A.TO JUDGE

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