Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 10TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943 BAIL APPL. NO. 571 OF 2022 CRIME NO.2/2022 OF Cherpulassery Police Station, Palakkad PETITIONER/ACCUSED NOS.1 AND 2: 1 ABDUL SHAREEF AGED 33 YEARS S/O. PAREETH, PULIKKAL HOUSE, KULUKKALLUR P.O., PALAKKAD DISTRICT 2 AYISHA AGED 52 YEARS W/O. PAREETH, PULIKKAL HOUSE, KULUKKALLUR P.O., PALAKKAD DISTRICT BY ADV K.RAKESH RESPONDENT/STATE AND COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER CHERPULASSERY POLICE STATION, PALAKKAD DISTRICT., PIN - 679503 SRI.M.C. ASHI, PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 571 OF 2022 2
ORDER
This is an application for anticipatory bail.
2. Petitioners are the accused in Crime No.2/2022 of Cherpulassery police station, alleging commission of offence under Section 498A of the Indian Penal Code.
3. The 1st petitioner got married to the de facto
complainant on 14.10.2018. The 2nd petitioner is the mother of the 1st petitioner. Allegation against the petitioners is that after the marriage, they treated the de facto complainant with physical and mental cruelty. It is also alleged that the petitioners made demands for more dowry. It is also alleged that the petitioners instigated the de facto complainant to abort her pregnancy.
4. Learned counsel appearing for the petitioners
would submit that the petitioners are absolutely innocent in the matter and the allegations have been raised only to settle the other matrimonial disputes between the 1 st petitioner and the de facto complainant
5. I have heard the learned Public Prosecutor also.
6. Having regard to the facts and circumstances of the case and taking into account the nature of the allegations BAIL APPL. NO. 571 OF 2022 3
against the petitioners and also taking note of the fact that custodial interrogation of the petitioners is not necessary for the purpose of any investigation, I am of the opinion that anticipatory bail can be granted to the petitioners subject to strict conditions. 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. 2/2022 of Cherpulassery police Station subject to the following conditions:-
(i) Petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each 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. 2/2022 of Cherpulassery Police station as and when summoned to do so;
(iii) The 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. 2/2022 of Cherpulassery police station;
(iv) The petitioners shall not involve in any other crime while on bail. BAIL APPL. NO. 571 OF 2022 4
If any of the aforesaid conditions are violated, the investigating officer in Crime No.2/2022 of Cherpulassery police station may file an application before the jurisdictional Court, for cancellation of bail. sd/- GOPINATH P. JUDGE ajt