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Shihab T.V. vs The State Of Kerala on 28 October, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

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

PETITIONER/ACCUSED:

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

BY ADVS.
SRI.T.MADHU, SMT.C.R.SARADAMANI

RESPONDENTS/STATE:

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

ORDER

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

Officer concerned.

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
similar nature.

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

appropriate time.

With these observations and directions, the above Bail

Application will stand disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE
MMG

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