Kerala High Court
Haris.A.P vs State Of Kerala on 29 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
BAIL APPL. NO. 6240 OF 2021
AGAINST THE ORDER/JUDGMENT IN CR.MC NO.863/2021 OF DISTRICT COURT &
SESSIONS COURT,THALASSERY, KANNUR
CRIME NO.286/2021 OF MATTANNUR POLICE STATION, KANNUR DISTRICT.
PETITIONER/ACCUSED NO.1:
HARIS.A.P
AGED 33 YEARS
S/O. ABDUL SALAM, POOTHOTT HOUSE, NIDIYENGARA (PO),
KANNUR (DIST,PIN-670 632
BY ADVS.
V.S.MANSOOR
K.K.MUHAMMAD FOUZ
AKHIL BINOY
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM
OTHER PRESENT:
SR.PP - SMT. SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 6240 OF 2021
2
ORDER
This is an application for anticipatory bail.
2. The petitioner is the 1st accused in Crime No.286/2021 of
Mattanur Police Station, Kannur District alleging commission of offences
under Section 498(A) r/w Section 34 of the Indian Penal Code.
3. The petitioner married the de-facto complainant on 12.05.2012.
A child was born out of the wedlock. It is submitted that, after the marriage,
the de-facto complainant never resided in the house of the petitioner and
that with active support and an encouragement of the petitioner, the de-
facto complainant cleared the PSC examination and obtained a
Government job as a Primary School Teacher in the year 2019. It is
submitted that, after getting employed, there is complete change in the
attitude of the de-facto complainant and she started openly insulting the
petitioner and the members of his family. It is also submitted that the other
accused in the case have already been granted anticipatory bail on
04.08.2021 by the Sessions Court, Thalassery.
4. The learned Public Prosecutor, on instructions, submits that the
investigation in the matter is progressing and at this stage, grant of
BAIL APPL. NO. 6240 OF 2021
anticipatory bail must be on strict conditions to ensure that the
investigation is not affected in any manner.
5. Having regard to the nature of the allegations and the facts and
circumstances of the case, I am inclined to grant anticipatory bail to the
petitioner subject to conditions.
6. In the result, this application is allowed and it is directed that
the petitioner shall be released on anticipatory bail in the event of arrest in
connection with Crime No.286/2021 of Mattannur 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 Jurisdictional Court;
(ii) Petitioner shall appear before the investigating officer in Crime
No.286/2021 of Mattannur Police Station, Kannur District as
and when summoned to do so;
(iii) Petitioner shall not attempt to contact the victim or the de-facto
complainant or to interfere with the investigation or to
influence or intimidate any witness in Crime No.286/2021 of
Mattannur Police Station, Kannur District;
BAIL APPL. NO. 6240 OF 2021
(iv) Petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating
officer in Crime No.286/2021 of Mattannur Police Station, Kannur District
may file an application before this Court, for cancellation of bail.
Sd/-
GOPINATH P.
JUDGE
bng/29/10/21
