Kerala High Court
Jezwin Rasheed vs State Of Kerala on 6 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TH
TUESDAY, THE 6
DAY OF FEBRUARY 2024 / 17TH MAGHA,
1945
BAIL APPL. NO. 205 OF 2024
CRIME NO.3034/2023 OF Thoppumpady Police Station, Ernakulam
PETITIONERS/ACCUSED NOS.1 TO 3:
1
JEZWIN
RASHEED,
AGED 34
YEARS
S/O.RASHEED N.
K,
CC
NO.14/1985,
R.K.PILLAI
ROAD,
KARUVELIPADY,
KOCHI,
PIN
-
682005
2
ASHEED
R N.K, AGED 68 YEARS S/O.KUNJO N.A,
HOUSE
NO.14/1985,
R.K.PILLAI
ROAD,
KARUVELIPADY,
KOCHI,
PIN
-
682005
3
HAKEELA
S RASHEED,
AGED
61
YEARS
W/O.RASHEED
N.K
,
HOUSE
NO.14/1985,
R.K.PILLAI ROAD,
KARUVELIPADY,
KOCHI,
PIN
-
682005
BY
ADVS. R.O.MUHAMED
SHEMEEM
NASEEHA
BEEGUM
P.S.
.A.AZIZ DR.SILPA AZIZ
P
RESPONDENT:
TATE
S OF KERALA,
THOPPUMPADY POLICE STATION,
THOPPUMPADY,
KOCHI -
682
005,
REPRESENTED
BY
PUBLIC
PROSECUTOR,
HIGH COURT
OF KERALA,
ERNAKULAM,
PIN
-
682011
SR.PP-SRI.VIPIN NARAYANAN,
HIS
T BAIL
APPLICATION
HAVING
COME
UP
FOR
ADMISSION
ON
06.02.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.205 OF 2024
2
ORDER
Dated this the 6th day of February, 2024
This isanapplicationforanticipatorybailunder
Section 438 of Cr.P.C. filed by accused Nos.1 to 3 in
crime No.3034 of 2023 of Thoppumpady Police Station,
Ernakulam, registered under Section 498A of IPC.
2. The prosecution allegation is that, the
petitioners, who are the husband and parents in law of
the defacto complainant, subjected her to matrimonial
cruelties demanding more money and gold.
3. Heard learned counsel for the petitioners and
learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail
application.
5. Learned counsel for the petitioners would
B.A.NO.205 OF 2024
3
submit that they are absolutely innocent of this crime,
and they never ill-treated the defacto complainant
physically or mentally. They are ready to abide by any
conditions imposed by this Court.
6. Learned counsel for the petitioners would
submit that a settlement talk is going on, between the
petitioners and the defacto complainant, and there is
every likelihood ofsettlingthematter.Sincethisbeinga
matrimonial dispute, the chances of settlement, if any,
will be foreclosed forever, if petitioners are sent to jail.
Considering that aspect, this Court is inclined to
allow this bail application on the following terms:
(i) In the event of arrest, the petitioners shall be
released on bail on executing bond for
Rs.50,000/-(Rupees Fifty Thousand only) each with two
solvent sureties each for the like sumtothesatisfaction
of the arresting officer;
B.A.NO.205 OF 2024
4
(ii) Thereafter, the petitioners shall appear before the
Investigating Officer as and when directed.
(iii) Thepetitionersshallnotinfluenceorintimidatethe
witnesses and shall not tamper with the investigation.
(iv) The petitionersshallnotcommitanyoffencewhile
on bail.
(v)Incaseofviolationofanyoftheaforesaidconditions,
thejurisdictionalCourtisempoweredtocanceltheirbail.
d/-
S
SOPHY THOMAS
JUDGE
SSK/06/02
B.A.NO.205 OF 2024
5
APPENDIX OF BAIL APPL. 205/2024
PETITIONER ANNEXURES
Annexure A1
A TRUE COPY OF THE FIR IN CRIME NO. 3034 OF 2023,
DATED 23.12.2023 OF THOPPUMPADY POLICE STATION.
Annexure A2
A TRUE COPY OF THE KHULA NOTICE DATED 19.04.2023
PRONOUNCED BY THE DEFACTO COMPLAINANT.
Annexure A3
A TRUE COPY OF THE PETITION IN OP NO. 1280 OF 2023,
DATED 25.05.2023 ON THE FILE OF LEARNED FAMILY
COURT, ERNAKULAM
Annexure A4
A TRUE COPY OF THE JUDGMENT DATED 13.12.2024 IN OP
NO. 1280 OF 2023, DATED 25.05.2023 ON THE FILE OF
LEARNED FAMILY COURT, ERNAKULAM
Annexure A5
A TRUE COPY OF THE INTERIM ORDER DATED 17.11.2023 IN
I.A.NO.3 OF 2023 IN GOP NO.2475 OF 2023 OF LEARNED
FAMILY COURT, ERNAKULAM
Annexure A6
A TRUE COPY OF THE INTERIM ORDER NOTICE ,DATED
06.01.2024 UNDER 41A CODE OF CRIMINAL PROCEDURES
