IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY, THE 28TH DAY OF OCTOBER 2019 / 6TH KARTHIKA, 1941
BAIL APPL.NO.7327 OF 2019
CRIME NO.303/2019 OF NILESWAR POLICE STATION, KASARGOD
SHIHAB T.V., AGED 31 YEARS,
S/O. ABDUL KHADER, RESIDING AT ORCHA, ORCHA ROAD,
KOTTAPPURAM, NEELESHWAR VILLAGE, KOTTAPPURAM P.O.,
HOSDURG TALUK, KASARAGOD DISTRICT
1 THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM – 682 031
2 THE STATION HOUSE OFFICER
NEELESWARAM POLICE STATION,
KASARAGOD DISTRICT – 671 314.
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
B.A. No. 7327 of 2019
Dated this the 28th day of October, 2019
The petitioner herein has been arrayed as the sole
accused in the instant Crime No.303/2019 of Neeleswaram Police
Station, which has been registered for offences punishable under
Sec.498A of the SectionIPC, on the basis FIS given by the lady defacto
complainant on 22.8.2019 at about 7.10 pm, in respect of the
alleged incidents which have happened for the period from 1.1.2017
to 22.8.2019. The lady defacto complainant in this case is the wife
of the petitioner herein.
2. The prosecution case in short is that, after the marriage
of the abovesaid spouses, they had lived together as man and wife
only for 27 days, and due to matrimonial disputes they are now
living separately, and that the petitioner had consistently inflicted
cruelty and harassment on her, and that the petitioner had
compelled the lady defacto complainant to ensure that her father
transfers his property in the name of the petitioner, etc.
3. After hearing both sides and after careful evaluation of
the facts and circumstances of the case, this Court is of the
considered view that the custodial interrogation of the petitioner
B.A. No. 7327 of 2019 ..3..
may not be necessary for effectuating smooth and fair conduct of
investigation in this case. Accordingly, it is ordered that in the event
of the petitioner being arrested by police in connection with the
abovesaid crime, he shall be released on bail on his separately
executing bond for Rs.40,000/- and on his furnishing two solvent
sureties for the like sum, both to the satisfaction of the Investigating
4. Further it is also ordered that the grant of bail will be
subject to following conditions:-
i. The petitioner shall not involve in any criminal offences of
ii. The petitioner shall fully co-operate with the investigation.
iii. The petitioner shall report before the Investigating Officer as
and when required in that connection.
iv. The petitioner shall not influence witness or shall not tamper
or attempt to tamper evidence in any manner, whatsoever.
If there is any violation of the abovesaid conditions by
the petitioner then the jurisdictional court concerned stand hereby
empowered, to consider the plea for cancellation of bail at the
With these observations and directions, the above Bail
Application will stand disposed of.