Asharaf vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1539913
CourtKerala High Court
Decided OnOct-06-2022
Case NumberBail Appl./7538/2022
JudgeHonourable Mr. Justice Bechu Kurian Thomas
AppellantAsharaf
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice bechu kurian thomas thursday, the 6th day of october 2022 / 14th aswina, 1944 [in crime no.400/2022 of aryanad police station, thiruvananthapuram] petitioner/accused no.2: asharaf aged 58 years nishad manzil, anoorkonam, puthukulangara p.o, uzhamalakal village, nedumangad taluk, thiruvananthapuram., pin - 695541 by adv m.r.sarin respondents: 1 state of kerala represented by public prosecutor,high court of kerala, pin - 682031 2 the station house officer aryanad police station, thiruvananthapuram, pin - 695542 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. 7538 of 2022 ============================ dated this the 06th day of october, 2022orderthis 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.400/2022, of aryanad police station, thiruvananthapuram, alleging offences under sections 294(b), 498a, 323, 324 and 354 r/w section 34 of the indian penal code, 1860.3. the prosecution case is that the petitioner, who is thefather-in-law of the defacto complainant, along with other accused persons in crime no.400/2022, committed cruelty on the defacto complainant by harassing her mentally and physically apart from asking her to sell her mother’s property 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 he 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 his arrest in crime no.400/2022 of aryanad police station, thiruvananthapuram, 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.400/2022 of aryanad police station, thiruvananthapuram as and when required. iii) petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in crimeno.400/2022 of aryanad police station, thiruvananthapuram. 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.400/2022 of aryanad police station, thiruvananthapuram, may file an application before the jurisdictional court for cancellation of bail. bechu kurian thomas judge ssa/
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.400/2022 OF ARYANAD POLICE STATION, THIRUVANANTHAPURAM] PETITIONER/ACCUSED NO.2: ASHARAF AGED 58 YEARS NISHAD MANZIL, ANOORKONAM, PUTHUKULANGARA P.O, UZHAMALAKAL VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM., PIN - 695541 BY ADV M.R.SARIN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER ARYANAD POLICE STATION, THIRUVANANTHAPURAM, PIN - 695542 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. 7538 of 2022 ============================ Dated this the 06th 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.400/2022, of Aryanad Police Station, Thiruvananthapuram, alleging offences under Sections 294(b), 498A, 323, 324 and 354 r/w Section 34 of the Indian Penal Code, 1860.

3. The prosecution case is that the petitioner, who is the

father-in-law of the defacto complainant, along with other accused persons in crime No.400/2022, committed cruelty on the defacto complainant by harassing her mentally and physically apart from asking her to sell her mother’s property 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 he 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 his arrest in Crime No.400/2022 of Aryanad Police Station, Thiruvananthapuram, 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.400/2022 of Aryanad Police Station, Thiruvananthapuram as and when required. iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime

No.400/2022 of Aryanad Police Station, Thiruvananthapuram. 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.400/2022 of Aryanad Police Station, Thiruvananthapuram, may file an application before the jurisdictional Court for cancellation of bail. BECHU KURIAN THOMAS JUDGE ssa/