Ayisha vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 06, 2022

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Citation: sooperkanoon.com/1539425
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Oct 06, 2022
Case Number: Bail Appl./7514/2022

Parties & Advocates

Appellant / Petitioner

Ayisha

Respondent

State of Kerala

Excerpt

.....accused in crime no.390/2022, of badagara police station, kozhikode, alleging offences punishable under section 498a & 406 r/w section 34 of the indian penal code, 1860.3. the prosecution case is that the 2nd accused, who is themother-in-law of the defacto complainant, along with the husband of the defacto complainant, committed cruelty upon her by harassing her mentally and physically and by misappropriating her gold and thereby, committed the offences alleged against him.4. the learned counsel appearing for the petitioner would submit that petitioner is absolutely innocent in the matter and that she is falsely implicated in a crime for justifying a matrimonial dispute.5. i have heard the learned public prosecutor also.6. having regard to the facts and circumstances of the case and considering the nature of the allegations, i am of the opinion that petitioner can be granted anticipatory bail subject to conditions.7. in the result, this application is allowed. it is directedthat the petitioner shall be released on anticipatory bail, in the event of her arrest in crime no.390/2022 of vatakara police station, kozhikode, subject to the following conditions:- i) petitioner shall execute a bond for a sum of rs.50,000/- (rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court. ii) petitioner shall appear before the investigating officer in crime no.390/2022 of vatakara police station as and when required. iii) petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or influence or intimidate any witness in crime no.390/2022 of vatakara police station. iv) petitioner shall not involve in any other crime while on bail.8. if any of the aforesaid conditions are violated, theinvestigating officer, in crime no.390/2022 of vatakara police station may file an application before the jurisdictional court for cancellation of bail. bechu kurian thomas judge ssa/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 [IN CRIME NO.390/2022 OF VADAKARA POLICE STATION, KOZHIKODE] PETITIONER/2ND ACCUSED: AYISHA AGED 63 YEARS, W/O.KUNHIMAMMU KARUVINTAVIDA, THAZHEANGADI, ICE ROAD VATAKARA BEACH-PO, KOZHIKODE DISTRICT, PIN - 673103

BY ADVS. P.VENUGOPAL sebi s raj RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER VATAKARA POLICE STATION, VATAKARA KOZHIKODE DISTRICT., PIN - 673101 BY ADV.NOUSHAD K.A - PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

=========================== B.A.No. 7514 of 2022 ============================ Dated this the 6th day of October, 2022

ORDER

This is an application seeking pre-arrest bail filed under Section 438 of Code of Criminal Procedure, 1973.

2. Petitioner is the 2nd accused in Crime No.390/2022, of Badagara Police Station, Kozhikode, alleging offences punishable under Section 498A & 406 r/w Section 34 of the Indian Penal Code, 1860.

3. The prosecution case is that the 2nd accused, who is the

mother-in-law of the defacto complainant, along with the husband of the defacto complainant, committed cruelty upon her by harassing her mentally and physically and by misappropriating her gold and thereby, committed the offences alleged against him.

4. The learned counsel appearing for the petitioner would submit that petitioner is absolutely innocent in the matter and that she is falsely implicated in a crime for justifying a matrimonial dispute.

5. I have heard the learned Public Prosecutor also.

6. Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am of the opinion that petitioner can be granted anticipatory bail subject to conditions.

7. In the result, this application is allowed. It is directed

that the petitioner shall be released on anticipatory bail, in the event of her arrest in Crime No.390/2022 of Vatakara Police Station, Kozhikode, subject to the following conditions:- i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court. ii) Petitioner shall appear before the investigating officer in Crime No.390/2022 of Vatakara Police Station as and when required. iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or influence or intimidate any witness in Crime No.390/2022 of Vatakara Police Station. iv) Petitioner shall not involve in any other crime while on bail.

8. If any of the aforesaid conditions are violated, the

Investigating officer, in Crime No.390/2022 of Vatakara Police Station may file an application before the jurisdictional Court for cancellation of bail. BECHU KURIAN THOMAS JUDGE ssa/

Same Court & Year Kerala · 2022 Same Parties Ayisha vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas