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Shazaid Abdul Kareem Shibu vs State Of Kerala on 27 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA,
1941

Bail Appl..No.986 OF 2020

CRIME NO.5/2020 OF Irikkur Police Station , Kannur

PETITIONERS/ACCUSED NOS. 1 TO 5:

1 SHAZAID ABDUL KAREEM SHIBU, AGED 28 YEARS
S/O.ABDUL KAREEM, THAVALENGAL HOUSE,
PUZHAKKATTERY.P.O, ANGADIPPURAM ROAD,
MALAPPURAM DISTRICT, PIN-679321

2 ABDUL KAREEM, AGED 50 YEARS
S/O.MOHAMMED, THAVALENGAL HOUSE,
PUZHAKKATTERY.P.O, ANGADIPPURAM ROD,
MALAPPURAM DISTRICT PIN-679321

3 SHABANA ABDUL KAREEM, AGED 45 YEARS
W/O.ABDUL KAREEM, THAVALENGAL HOUSE,
PUZHAKKATTERY.P.O, ANGADIPPURAM ROD,
MALAPPURAM DISTRICT PIN-679321

4 ABDUL KHADAR, AGED 52 YEARS
THAVALENGAL HOUSE, LIC ROAD, KIDANG,
PERUNTHALMANNA, MALAPPURAM DISTRICT, PIN-
679322

5 DR.AJMAL MUHAMMED, AGED 25 YEARS
KUNIYATHAL HOUSE, PIDAVANOOR,
MALAPPURAM DISTRICT, PIN-679574

BY ADVS.
SRI.R.ANIL
SRI.M.SUNILKUMAR
SRI.SUJESH MENON V.B.
SRI.T.ANIL KUMAR
SRI.THOMAS ABRAHAM (NILACKAPPILLIL)
SHRI.MAHESH BHANU S.
SMT.S.LAKSHMI SANKAR
SRI.K.SANKARANARAYANAN
Bail Appl..No.986 OF 2020

..2..

RESPONDENT/COMPLAINANT:

STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 27.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No.986 OF 2020

..3..

Bail Appl..No.986 OF 2020
—————————————-

ORDER

This is an application for anticipatory bail under

Section 438 of the Code of Criminal Procedure.

2. Petitioners are accused Nos. 1 to 5 in Crime

No. 5 of 2020 of Irikkur Police Station registered for offences

punishable under Sections 498A and 406 read with Section 34

of the Indian Penal Code. The first petitioner is the husband of

the de facto complainant, petitioners 2 and 3 are the mother

and father of the first petitioner, the fourth petitioner is the

paternal uncle of the first petitioner and the fifth petitioner is

the husband of the niece of petitioners 2 and 4. The accusation

against the petitioners in essence is that they have subjected

the de facto complainant to cruelty when they were residing

together.

3. Heard the learned counsel for the petitioners

as also the learned Public Prosecutor.

4. I have gone through the case diary. It is seen

that the dispute arose on account of the matrimonial discord

between the de facto complainant and her husband, the first
Bail Appl..No.986 OF 2020

..4..

petitioner. In the circumstances, in the light of the decision of

the Apex Court in Siddharam Satlingappa Mhetre v. State

of Maharashtra (AIR 2011 SC 312), I am inclined to grant

anticipatory bail to the petitioners on the following conditions:

i) The petitioners shall make themselves
available for interrogation before the Investigating
Officer within ten days from today. They shall also
make themselves available for interrogation before the
Investigating Officer as and when directed by the
Investigating Officer in writing to do so;

ii) If the petitioners are arrested prior to, or after
their appearance before the Investigating Officer in
terms of this order, they shall be released from
custody on execution of bond for Rs.25,000/- (Rupees
Twenty Five Thousand only) each with two sureties
each for the like sum.

iii) The petitioners shall not influence or
intimidate the prosecution witnesses nor shall they
attempt to tamper with the evidence of the
prosecution.

iv) The petitioners shall not involve in any other
offence while on bail.

Sd/-

P.B.SURESH KUMAR
JUDGE
ds 28.02.2020

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