Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 26TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946 BAIL APPL. NO. 2150 OF 2024 CRIME NO.2002/2023 OF KARUNAGAPALLY POLICE STATION, KOLLAM PETITIONERS/ACCUSED NOS.2 AND 3: 1 ABDUL RAHIM, AGED 60 YEARS S/O IBRAHIMKUTTY, BAITHUNOOR, PUNNAKULAM, PUTHENTHERUVU, KULASHEKARAPURAM P.O, KARUNAGAPPALLY THALUK, KOLLAM DISTRICT., PIN - 690544 2 NAJIYA, AGED 53 YEARS W/O ABDUL RAHIM, BAITHUNOOR, PUNNAKULAM, PUTHENTHERUVU, KULASHEKARAPURAM P.O, KARUNAGAPPALLY THALUK, KOLLAM DISTRICT., PIN - 690544 BY ADV P.V.DILEEP RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM., PIN - 682031 2 THE STATION HOUSE OFFICER, KARUNAGAPPALLY POLICE STATION, KARUNAGAPPALLY P.O, KOLLAM DISTRICT., PIN - 690573 BY ADV RENJITH GEORGE - SENIOR GOVERNMENT PLEADER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P. G. AJITHKUMAR, J.
------------------------------- B.A. No. 2150 of 2024 ---------------------------------------------------- Dated this the 26th day of March, 2024
ORDER
This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. The petitioners are the accused in crime No.2002/2023 of the Karungappally Police Station. The offences alleged were under Section 498(A) read with Section 34 of the Indian Penal Code.
3. The prosecution case is as follows: the petitioners
are accused Nos.2 and 3 in the above mentioned crime. The first accused, who is their son, is the husband of the defacto complainant. The first accused and the petitioners being the husband and his relatives, subjected the defacto complainant to harassment, both physical and mental with a view to extract more dowry.
4. The petitioners would contend that they did not involve in the alleged crime and without any material or evidence, they were implicated in the crime.
5. The learned Public Prosecutor opposes the petition for the grant of bail to the petitioners stating that their custodial interrogation is required to conclude the investigation.
6. Having heard the learned counsel on both sides
and considering the nature of the offence, I am of the view that the detention of the petitioners during the period of investigation is not necessary in this case. In the result, the bail application is allowed and the applicants are directed to surrender before the investigating officer within two weeks. After interrogation and in the event of their being arrested, they shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:
(i) They shall not influence or intimidate witnesses or tamper with evidence;
(ii) They shall appear before the investigating officer as and when called for; and
(iii) During the bail period, they shall not get
involved in any offence. In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court. Sd/- P.G. AJITHKUMAR JUDGE BR APPENDIX OF BAIL APPL. 2150/2024 PETITIONER’S ANNEXURES Annexure-1 THE TRUE COPY OF F.I.R IN CRIME NO.2002 / 2023 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT. RESPONDENT’S ANNEXURES: NIL