Foushid vs State Of Kerala
2021 Latest Caselaw 23872 Ker

Citation : 2021 Latest Caselaw 23872 Ker
Judgement Date : 4 December, 2021

Kerala High Court

Foushid vs State Of Kerala on 4 December, 2021

B.A.No.9032/2021                                1




                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
 SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA, 1943
                         BAIL APPL. NO. 9032 OF 2021
            CRIME NO.1829/2021 OF ALUVA EAST POLICE STATION
  AGAINST THE ORDER/JUDGMENT IN CRMC 2070/2021 OF I ADDITIONAL
                          DISTRICT COURT, ERNAKULAM
PETITIONER/1st ACCUSED:

                FOUSHID,
                AGED 35 YEARS,
                S/O.ABDUL LATHEEF,
                PANTHALAKKOODATH HOUSE,
                KODIKUTHIMALA,
                ASOKAPURAM, ALUVA, ERNAKULAM - 683 101.

                BY ADVS.C.Y.VINOD KUMAR
                C.Y.VIJAY KUMAR

RESPONDENT/COMPLAINANT & I.O:

     1          STATE OF KERALA,
                REPRESENTED BY THE PUBLIC PROSECUTOR,
                HIGH COURT OF KERALA, ERNAKULAM - 682 031.

     2          THE STATION HOUSE OFFICER,
                ALUVA EAST POLICE STATION,
                SUB JAIL ROAD, ERNAKULAM - 683 101.


                R1 & R2 BY SMT.SEETHA S., PUBLIC PROSECUTOR

         THIS    BAIL   APPLICATION    HAVING       COME   UP   FOR   ADMISSION   ON
04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.9032/2021                     2




                               ORDER

This is an application for anticipatory bail filed under

Section 438 Cr.P.C. Petitioner is the 1 st accused in Crime

No.1829 of 2021 of Aluva East police station. Offence alleged

against the petitioner is punishable under Section 498 A read

with Section 34 IPC. The aforesaid crime was registered

against the petitioner as well as two others who are the parents

of the petitioner herein. The prosecution case is that on

03.10.2010 the 1st accused married the de facto complainant

and thereafter the de facto complainant was mentally and

physically harassed by the petitioner and other accused

demanding more amount towards dowry. The FIR was

registered on 21.09.2021 for the offences mentioned above.

2. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

3. The learned counsel for the petitioner contends that

the petitioner is innocent of all the allegations and false

allegations are raised by the de facto complainant as there are

certain matrimonial disputes between the parties. It is also

pointed out by the learned counsel for the petitioner that, apart

from the allegation of Section 498A, no other offences are

alleged against the petitioner. On the other hand, the learned

Public Prosecutor seriously opposes the application by pointing

out that if the petitioner is granted pre-arrest bail, it will affect

the investigation.

4. The fact remains that the marriage between the

petitioner and the de facto complainant took place on

03.10.2010 and they were residing together till 21.05.2021.

Going by the contents of the First Information Statement, it

can be seen that there are allegations of harassment by

demanding dowry right from the inception, but no such

complaints are submitted on earlier occassion. It is also

submitted that there are certain matrimonial disputes between

the parties. In such circumstances, I am of the view that a

lenient view can be taken in this case by ensuring co-operation

of the petitioner with the investigatoin. Accordingly, this

application is allowed subject to following conditions:

i) The petitioner shall surrender before the

Investigating officer, within a period of two weeks

from today, for subjecting himself for interrogation.

After interrogation, the petitioner shall be released on

bail, on the very same day of surrender upon the

petitioner executing a bond for Rs. 1,00,000/- each

with two sureties each for the like sum, to the

satisfaction of the Investigating Officer.

ii) The petitioner shall fully co-operate with the

investigation, including subjecting himself to the

deemed police custody for the purpose of discovery, if

any, as and when demanded.

iii) The petitioner shall appear before the

Investigating Officer between 10.00 a.m and 11.00 a.m

on every Wednesday until final report is filed.

(iv) The petitioner shall not commit any offence of

like nature while on bail.

(v) The petitioner shall not make any attempt to

contact any of the prosecution witnesses, directly or

through any other person, or any other way try to

tamper with the evidence or influence any witnesses

or other persons related to the investigation.