The High Court of Kerala dismissed the petitioner's application for anticipatory bail in a case involving allegations of dowry death and cruelty, finding no reason to grant bail at that stage.
Anticipatory bail to the petitioner is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 3RD DAY OF AUGUST 2012/12TH SRAVANA 1934
PETITIONER/1ST ACCUSED:
SHERIFF HAJIARAKATH,, AGED 30 YEARS S/O SAIDALAVI, HAJIARAKATH HOUSE, ALINGAL BEACH CHETTIPADI
MALAPPURAM DISTRICT. (NAME OF THE PETITIONER SHERIFF WRONGLY SHOWN AS SHAFEEQ IN FIR)
BY ADVS.SRI.HARISH R. MENON
SRI.K.T.SHYAMKUMAR
RESPONDENT/COMPLAINANT:
------------------------STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. JASMINE V.H.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03-08-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
N. K. BALAKRISHNAN, J.
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B. A. No. 5492 of 2012
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Dated this the 3rd day of August, 2012
O R D E R
Petitioner is the first accused in Crime No. 48 of 2012 of Tanur Police Station. Offences alleged against him are under sections 498A, 306 and 304B r/w section 34 IPC. Apprehending arrest, this petition is filed for anticipatory bail.
B.A.No.5492/2012 - 2 -
snapped), he can marry other good looking lady. This conduct of the petitioner drove her to commit suicide, it is alleged. So many other allegations are also raised. It is alleged that he subjected his wife to cruelty demanding more gold and money as dowry.
N.K. BALAKRISHNAN, JUDGE
mn
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in offences under IPC 306, 304B, and 498A arising from alleged dowry death.
Whether the court should grant bail considering the allegations of dowry deaths and suicide by the wife.
Whether the petitioner's apprehension of arrest warrants the grant of anticipatory bail.
SHEM HAJIARAKATH
STATE OF KERALA
N.K. BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
