IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 20TH DAY OF JANUARY 2022 / 30TH POUSHA, 1943 BAIL APPL. NO. 9778 OF 2021 Crime No.985/2021 of Thadiyittaprambu Police Station PETITIONERS/ACCUSED 1 TO 3:
1 MUBARAK ALI AGED 28 YEARS S/O.K.M.ABDU, ALI MANZIL, NEAR TAQDEES HOSPITAL, PUKATTUPADY, EDATHALA P.O., ERNAKULAM - 683 561.
2 K.M.ABDU AGED 76 YEARS S/O.MAKKAR (LATE), ALI MANZIL, NEAR TAQDEES HOSPITAL, PUKATTUPADY, EDATHALA P.O., ERNAKULAM - 683 561.
3 M.AJARABI AGED 60 YEARS W/O.K.M.ABDU, ALI MANZIL, NEAR TAQDEES HOSPITAL, PUKATTUPADY, EDATHALA P.O., ERNAKULAM - 683 561.
BY ADVS.
C.Y.VINOD KUMAR SHERIN A.RAHIM RESPONDENTS/COMPLAINANT & I.O:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
2 THE STATION HOUSE OFFICER THADIYITTAPRAMBU POLICE STATION, ALUVA - MUNNAR ROAD, VAZHAKULAM, ERNAKULAM - 683 105.
OTHER PRESENT:
ADV SEETHA (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O R D E R
The petitioners are the accused in Crime No.985/2021 of Thadiyittaprambu Police Station, Ernakulam District alleging commission of offences under Sections 498A and 34 of the Indian Penal Code.
2. The allegation against the petitioners is that after the marriage of the 1st petitioner with the de facto complainant on 16-02-2020, the petitioners mentally and physically harassed the de facto complainant demanding for more dowry. The 2nd petitioner is the father of he 1st petitioner and the 3rd petitioner is the mother of the 1st petitioner.
3. The learned counsel for the petitioners submit that the petitioners are totally innocent in the matter and the allegations are raised only an attempt to settle the normal matrimonial disputes between the 1st petitioner and the de facto complainant
4. I have heard the learned Public Prosecutor also.
5. Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioners, I am of the view that the petitioners can be granted bail subject to conditions.
In the result, this bail application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in connection with Crime No.985/2021 of Thadiyittaprambu Police Station subject to the following conditions:-
(i) Petitioners shall execute separate bonds for sums of Rs.50,000/-
(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) Petitioners shall appear before the Investigating officer in Crime No.985/2021 of Thadiyittaprambu Police Station as and when summoned to do so;
(iii) Petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.985/2021 of Thadiyittaprambu Police Station;
(iv) Petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.985/2021 of Thadiyittaprambu Police Station may file an application before the jurisdictional Court for cancellation of bail.
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