IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
BAIL APPL. NO. 2402 OF 2022
AGAINST THE ORDER/JUDGMENT IN Bail Appl. 2998/2021 OF HIGH COURT
OF KERALA
CRIME NO.25/2022 OF KANNUR VANITHA POLICE STATION, KANNUR DISTRICT
PETITIONER/ACCUSED:
SAJEER PUTHIYAPURAYIL
AGED 37 YEARS
PUTHIYAPURAYIL HOUSE, PALLIKKUNU, KANNUR, PIN - 670004
BY ADVS.
K.A.HASSAN
JULIA PRIYA RESHMY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER
WOMEN POLICE STATION, S P OFFICE ROAD, THAVAKKARA,
KANNUR, PIN - 670002
3 SUPERINTENDENT OF POLICE
OFFICE OF THE SUPERINTEDENT OF POLICE, THALAP,KANNUR,
PIN - 670002
4 SUB INSPECTOR OF POLICE
SP OFFICE ROAD,THAVAKKARA ,KANNUR, PIN - 670001
5 SUB INSPECTOR OF POLICE
NH66,MUZHAPPILANGAD,KANNUR, PIN - 670662
BY ADV PUBLIC PROSECUTOR
OTHER PRESENT:
SRI. NOUSHAD K.A. (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.2402 OF 2022
2
ORDER
This is an application for anticipatory bail.
2. The petitioner is the accused in Crime No.25/2022 of Kannur Vanitha Police Station, Kannur District alleging commission of offences under Section 498 A r/w Section 34 of the Indian Penal Code.
3. The petitioner is the husband of the de-facto complainant. The marriage between the petitioner and the de-facto complainant took place on 29.09.2012. The allegation against the petitioner is that he subjected the de-facto complainant with cruelty and mentally harassed her with a demand for more dowry.
4. The learned counsel for the petitioner submits that the allegations are totally baseless. It is submitted that the petitioner has not treated the de-facto complainant with cruelty as alleged. It is submitted that the custodial interrogation of the petitioner is not necessary in the facts and circumstances of the case.
5. I have heard the learned Public Prosecutor also.
6. Having regard to the facts and circumstances of the case and taking into consideration the nature of the allegations against the petitioner, I am of the view that the petitioner is entitled to anticipatory BAIL APPL. NO.2402 OF 2022 3 bail, as his custodial interrogation is not necessary for a proper investigation into the matter.
7. In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail in the event of the arrest in connection with Crime No.25/2022 of Kannur Vanitha Police Station, Kannur District, 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 for the like sum to the satisfaction of the arresting officer;
(ii) Petitioner shall appear before the investigating officer in No.25/2022 of Kannur Vanitha Police Station, Kannur District as and when summoned to do so;
(iii) Petitioner shall not attempt to contact the de-facto complainant or to interfere with the investigation or to influence or intimidate any witness in No.25/2022 of Kannur Vanitha Police Station, Kannur District ;
(iv) Petitioner shall not involve in any other crime while on bail.
BAIL APPL. NO.2402 OF 2022 4 If any of the aforesaid conditions are violated, the investigating officer in No.25/2022 of Kannur Vanitha Police Station, Kannur District may file an application before this Court, for cancellation of bail.
Sd/-
GOPINATH P.
JUDGE bng/28.05.2022