Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943 CRIME NO.1322/2021 OF EDATHALA POLICE STATION, ERNAKULAM DISTRICT PETITIONER/ACCUSED NO.1: AJMAL FIROZ AGED 33 YEARS S/O.BASHEER, VATHELI (H), MARAMBILLY VILLAGE, MARAMBILLY P.O., KUNNATHUKARA, PERUMBAVOOR. BY ADV. AJEESH M UMMER RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. BY SRI. NOUSHAD K.A. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for anticipatory bail.
2. The petitioner is the accused in Crime No.1322 of 2021 of Edathala Police Station, Ernakulam District, alleging commission of offences under Sections 498(A), 294(b) and
506 read with Section 34 of the Indian Penal Code. The allegation against the petitioner is that he subjected the de- facto complainant (the wife of the petitioner), to mental and physical cruelty demanding more dowry.
3. The learned counsel for the petitioner submits
that the allegations are totally baseless. It is submitted that the de-facto complainant had walked out of the marriage citing minor issues. It is submitted that all monetary claims between the petitioner and the de-facto complainant were settled through Annexure - 2 agreement between the petitioner and the father of the de-facto complainant. It is also pointed out that pursuant to the agreement, on 07.09.2020, by Annexure - 3 pay in slip, the petitioner had paid an amount of Rs.3 lakhs into the account of the father of the de-facto complainant. It is submitted that the other
accused in the case namely, the mother and sister of the petitioner have been granted bail by the Sessions Court through order dated 07.01.2022 in Crl.M.C.No.2828 of 2021. It is submitted that taking into account the nature of the allegations against the petitioner, his custodial interrogation is not required in the matter.
4. Heard the learned Public Prosecutor also.
5. Having regard to the facts and circumstances of
the case and taking into account the nature of the allegations against the petitioner and also taking into account Annexures 2 & 3 and also considering the fact that other accused in the case have already been granted anticipatory bail, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.
6. In the result, this application is allowed and it is
directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No.1322 of 2021 of Edathala Police Station, Ernakulam District, subject to the following conditions:
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;
(ii) The petitioner shall appear before the
investigating officer in Crime No.1322 of 2021 of Edathala Police Station, Ernakulam District, at 09.00AM on 31.01.2022 and thereafter, whenever called upon to do so;
(iii) The petitioner shall not attempt to interfere with
the investigation or to influence or intimidate the de-facto complainant or any witness in Crime No.1322 of 2021 of Edathala Police Station, Ernakulam 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.1322 of 2021 of Edathala Police Station, Ernakulam District, may file an application before the Jurisdictional Court, for cancellation of bail. Sd/- GOPINATH P. JUDGE DK