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Sharjain vs State Of Kerala on 21 January, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 21ST DAY OF JANUARY 2019 / 1ST MAGHA, 1940

Bail Appl..No. 100 of 2019

CRIME NO. 1416/2018 OF Chirayinkeezhu Police Station,
Thiruvananthapuram

PETITIONER/1st ACCUSED:

SHARJAIN, AGED 35 YEARS,
S/O KASSIM PILLAI, CHERUVILAKOM HOUSE,
KOIYACODE.P.O, VELLAVOOR, NEDUMANGADU TALUK,
THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.J.JAYAKUMAR

RESPONDENT/COMPLAINANT:

STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682031,(REPRESENTING THE STATION HOUSE
OFFICER, CHIRAYINKEEZHU
POLICE STATION, THIRUVANANTHAPURAM).

SRI. AMJAD ALI, SENIOR PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.01.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 100 of 2019 2

ORDER

This application is filed under Section 438 of the Code of

Criminal Procedure.

2. The applicant herein is the 1 st accused in Crime No.1416

of 2018 of the Chirayinkeezhu Police Station, registered at the

instance of his wife under Section 498A of the IPC.

3. According to the de facto complainant, the marriage

between the applicant herein and his wife was solemnized on

14.08.2008. Thereafter, the applicant and his family members are

alleged to have subjected her to ill treatment demanding dowry.

4. The learned counsel appearing for the applicant

submitted that the allegations are untrue. According to the

learned counsel, the de facto complainant has already initiated

proceedings for realization of money before the Family Court,

which is pending. It is in order to strengthen the civil matters that

the subject crime has been registered on frivolous accusations.

5. I have heard the learned Public Prosecutor, who opposed
Bail Appl..No. 100 of 2019 3

the prayer. In the facts and circumstances, it would be sufficient if

the applicant is ordered to co-operate with the investigation,

submits the learned Public Prosecutor.

6. 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 applicant is not

necessary for an effective investigation in the instant case.

In the result, this application will stand allowed. The

applicant shall appear before the investigating officer within ten

days from today and shall undergo interrogation. Thereafter, if he

is proposed to be arrested, he shall be released on bail on his

executing a bond for a sum of Rs.40,000/- (Rupees Forty

thousand only) with two solvent sureties each for the like sum.

The above order shall be subject to the following conditions:

i) The applicant shall co-operate with the investigation and
shall appear before the Investigating Officer on every
Saturdays between 10 A.M and 1 P.M. for a period of two
months or till final report is filed whichever is earlier.

ii) He 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) He shall not commit any similar offence while on bail.

Bail Appl..No. 100 of 2019 4

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

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

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