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2022 Supreme(Online)(KER) 771

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

MONDAY, THE 14TH DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943 BAIL APPL. NO. 535 OF 2022 PETITIONER/S:

DR.SHABNAM AGED 28 YEARS AMAN-ODIYERI, POST PERINGATHUR KANNUR DIST.

KANNUR, PIN - 670675 BY ADVS.

T.ASAFALI LALIZA.T.Y.

RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031

2 STATION HOUSE OFFICER CHOMBALA POLICE STATION KOZHIKODE, PIN - 673309 BY ADV PUBLIC PROSECUTOR OTHER PRESENT:

SRI. T.R. RENJITH (SR.PP)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

14.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P. GOPINATH, J …....................................

B.A.No. 535 of 2022 …................................................................

Dated this the 14th day of February, 2022

Advocates:
['T ASAFALI', '', 'LALIZA T Y', 'PUBLIC PROSECUTOR']

O R D E R

This is an application for anticipatory bail.

2. The petitioner is the 3rd accused in Crime No.10/2022 alleging the commission of offences under Section 324, 354, 406 and 498A of the Indian Penal Code.

3. The allegation against the petitioner and the other accused is that after the solemnization of the marriage of the brother of the petitioner with the defacto complainant, the petitioner along with her mother had gone to the bridal room of the defacto complainant and required her to give her entire gold ornaments. It is also alleged that the defacto complainant was subjected to continous harassment both mental and physical with the demand for dowry and other valuables.

4. The learned counsel for the petitioner submitted that the allegations are total baseless and fabricated. It is submitted that the petitioner is a doctor by profession and thie sister of the husband of the defacto complainant. It is submitted that the petitioner had no occasion to harass the defacto complainant in any manner. It is submitted that all the allegations against the petitioner are put up and made only to harass her. It is submitted that at any rate custodial interrogation of the petitioner is not necessary, considering the facts and circumstances of the case.

5. I have heard the learned Public Prosecutor also.

6. Having regard to the facts and circumstances, considering the nature of the allegations against the petitioner, I am of the view that the custodial interrogation of the petitioner is not necessary for a proper investigation of Crime No.10/2022 of Chombala Police Station, Kozhikode District.

7. In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.10/2022 of Chombala police Station subject to the following conditions:-

(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No.10/2022 of Chombala Police station as and when summoned to do so;

(iii) The petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.10/2022 of Chombala police station;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.10/2022 of Chombala police station may file an application before the jurisdictional Court, for cancellation of bail.

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