Sajeer Puthiyapurayil vs State Of Kerala
2022 Latest Caselaw 5747 Ker

Citation : 2022 Latest Caselaw 5747 Ker
Judgement Date : 27 May, 2022

Kerala High Court

Sajeer Puthiyapurayil vs State Of Kerala on 27 May, 2022

              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

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 ;