Abdul Rahim Ashraf vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 22, 2023

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https://sooperkanoon.com/case/1332003

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Citation: sooperkanoon.com/1332003
Court: Kerala High Court
Judge: Honourable Mr. Justice Gopinath P.
Decided On: Dec 22, 2023
Case Number: Bail Appl./355/2022

Parties & Advocates

Appellant / Petitioner

Abdul Rahim Ashraf

Respondent

State of Kerala

Excerpt

.....of2021 of aranmula police station, pathanamthitta district, alleging commission of offences under sections 323, 324 and 498(a) of the indian penal code. the allegation against the petitioner is that after the marriage of the petitioner with the de- facto complainant, the petitioner has subjected the de-facto complainant to mental and physical cruelty with a demand for dowry. it is alleged that the petitioner misappropriated the gold ornaments of the de-facto complainant. it is alleged that on 23.10.2021, the petitioner pushed down the de-facto complainant, kicked her and also caught hold of her hair and assaulted on her head with a torch and fisted on her chest and stamped on her back. it is alleged that when the elder daughter intervened, the petitioner also assaulted her on her left hand and on her both legs and on shoulders and the petitioner assaulted her using a bunch of keys on her wrists and below the right eye and kicked on her abdomen. it is also alleged that the petitioner also assaulted the younger daughter by fisting her on her jaw and caused hurt to her and thereby the petitioner committed the offences alleged against him.2. the learned counsel appearing for the petitionerwould submit that while there are matrimonial disputes between the petitioner and the de-facto complainant, the allegation that the petitioner committed the offences alleged against him is totally false. it is also submitted that final report has been filed in the matter. it is submitted that considering the nature of the allegations, the petitioner can be granted anticipatory bail and custodial interrogation of the petitioner is not necessary.3. heard the learned public prosecutor also.4. having regard to the facts and circumstances of thecase and considering the nature of the allegations, i am of the view that the petitioner can be granted anticipatory bail subject to conditions. investigation has been completed and a final report has already been filed.5. therefore, this.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 22ND DAY OF DECEMBER 2023 / 1ST POUSHA, 1945 CRIME NO.1189/2021 OF ARANMULA POLICE STATION, PATHANAMTHITTA DISTRICT PETITIONER/ACCUSED: ABDUL RAHIM ASHRAF, AGED 60 YEARS, KUNNUMPURATHU HOUSE, NARANGANAM NORTH P O, CHERUKOL VILLAGE, PATHANAMTHITTA, PIN - 689 642. BY ADVS. M.T.SURESHKUMAR MANJUSHA K DARSAN SOMANATH SHRI.R.RANJITH,SC,KOOVAPPADY GRAMA PANCH SREELAKSHMI SABU SMITHA PHILIPOSE RESPONDENT/STATE & DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 SABEETHA BEEGAM, AGED 49 YEARS, KUNNUMPURATHU HOUSE, NARANGANAM NORTH P O, CHERUKOL VILLAGE, PATHANAMTHITTA, PIN - 689 642. SRI. G. SUDHEER (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime No.1189 of

2021 of Aranmula Police Station, Pathanamthitta District, alleging commission of offences under Sections 323, 324 and 498(A) of the Indian Penal Code. The allegation against the petitioner is that after the marriage of the petitioner with the de- facto complainant, the petitioner has subjected the de-facto complainant to mental and physical cruelty with a demand for dowry. It is alleged that the petitioner misappropriated the gold ornaments of the de-facto complainant. It is alleged that on 23.10.2021, the petitioner pushed down the de-facto complainant, kicked her and also caught hold of her hair and assaulted on her head with a torch and fisted on her chest and stamped on her back. It is alleged that when the elder daughter intervened, the petitioner also assaulted her on her left hand and on her both legs and on shoulders and the petitioner assaulted her using a bunch of keys on her wrists and below the right eye and kicked on her abdomen. It is also alleged that the petitioner also assaulted the younger daughter by fisting her on her jaw and caused hurt to her and thereby the petitioner committed the offences alleged against him.

2. The learned counsel appearing for the petitioner

would submit that while there are matrimonial disputes between the petitioner and the de-facto complainant, the allegation that the petitioner committed the offences alleged against him is totally false. It is also submitted that final report has been filed in the matter. It is submitted that considering the nature of the allegations, the petitioner can be granted anticipatory bail and custodial interrogation of the petitioner is not necessary.

3. Heard the learned Public Prosecutor also.

4. Having regard to the facts and circumstances of the

case and considering the nature of the allegations, I am of the view that the petitioner can be granted anticipatory bail subject to conditions. Investigation has been completed and a final report has already been filed.

5. Therefore, this application for anticipatory bail is

allowed and the petitioner is directed to be released on anticipatory bail in the event of arrest in connection with Crime No.1189 of 2021 of Aranmula Police Station, Pathanamthitta District, 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 Arresting officer;

(ii) Petitioner shall appear before the investigating officer in Crime No.1189 of 2021 of Aranmula Police Station, Pathanamthitta District, whenever called upon to do so;

(iii) The petitioner shall not attempt to contact the de-facto complainant or to influence or intimidate any witness in Crime No.1189 of 2021 of Aranmula Police Station, Pathanamthitta District;

(iv) 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.1189 of 2021 of Aranmula Police Station, Pathanamthitta District, may file an application before the jurisdictional Court, for cancellation of bail. Sd/- GOPINATH P. JUDGE DK APPENDIX OF BAIL APPL. 355/2022 PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE FIR AND FIS IN CRIME NO. 1189 OF 2021 OF ARANMULA PS DATED 3-12-2021

Same Court & Year Kerala · 2023 Same Parties Abdul Rahim Ashraf vs State of Kerala Same Judge Honourable Mr. Justice Gopinath P.