Allowed

K.T.Nisar v. State of Kerala

Kerala HC17 Dec 2014Bail Appl./7994/2014

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for anticipatory bail under Section 438 Cr.P.C. for two accused charged with cruelty under Section 498A IPC. The court, treating the case as matrimonial in nature with a likelihood of re-union, directed the police to enlarge them on bail subject to standard conditions.

What did the court decide?

Application allowed; petitioners enlarged on bail subject to executing a bond and complying with terms of reporting and non-interference.

K.T.Nisar Vs State of Kerala — Dowry and Cruelty | Kerala HC (2014)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

¶4

WEDNESDAY, THE 17TH DAY OF DECEMBER 2014/26TH AGRAHAYANA, 1936

¶5

Bail Appl.No. 7994 of 2014

¶6

CRIME NO. 1386/2014 OF THALIPARAMBA POLICE STATION, KANNUR

¶7

PETITIONER(S)/ACCUSED 1 & 2:

¶8

-----------------------------------------------

¶9

1. K.T.NISAR, AGED 30 YEARS, S/O. ABDULRAHJIMAN, KOTTATHALAYAN HOUSE, KARIMBAM, KURUMATHUR AMSOM, THALIPPARAMBA TALUK.

¶10

2. K.P.NABEESA, AGED 60 YEARS, W/O. ABDULRAHJIMAN, KOTTATHALAYAN HOUSE, KARIMBAM, KURUMATHUR AMSOM, THALIPPARAMBA TALUK.

¶11

BY ADV. SRI.ZUBAIR PULIKKOOL

¶12

RESPONDENT(S)/COMPLAINANT:

¶13

------------------------------------------------

¶14

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

¶15

BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.

¶16

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-12-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

msv/

¶18

B.KEMAL PASHA, J.

B.A.No.7994 of 2014

Dated this the 17^th day of December, 2014

¶23

ORDER

¶24

Petition under Section 438 Cr.P.C.

¶25

Petitioners are accused Nos.1 and 2 in Crime No.1386/2014 of Thaliparamba Police Station registered for the

¶26

offence punishable under Section 498A of the Indian Penal Code.

¶27

The allegation against the petitioners is that they have tortured and harassed the de-facto complainant, who is the wife of the first petitioner, and treated her with cruelty within the meaning of Section 498A of the Indian Penal Code.

¶28

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

¶29

It is true that there are usual allegations in the matter

¶30

for inviting an offence under Section 498A of the Indian Penal

¶31

B.A.7994 of 2014

¶32

¶33

Code. At the same time, by considering it as a matrimonial offence

¶34

and the likelihood of re-union, I am of the view that this is a fit

¶35

case wherein anticipatory bail can be granted to the petitioners.

¶36

In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for ₹50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-

¶37

(i) The petitioners shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Saturdays and Wednesdays, commencing from 20.12.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.

¶38

(ii) The petitioners shall not tamper with the evidence or influence witnesses.

¶39

B.A.7994 of 2014

¶40

¶41

(iii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.

¶42

(iv) The petitioners shall not involve in any offence while on bail.

¶43

It is made clear that the violation of any of the

¶44

conditions stipulated above will result in the cancellation of bail.

¶45

Sd/-

¶46

B.KEMAL PASHA, JUDGE

¶47

¶48

// True Copy //

¶49

P.A. To Judge

K.T.Nisar v. State of Kerala

Case brief

What is this about?

What did the court decide?

K.T.Nisar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manoharan Vs State of Kerala

Abdul Salam Vs State of Kerala

Binu. E Vs State of Kerala

Archana M.A. Vs Sadasivan Pillai

Gopu C.K Vs State of Kerala

Abheesh Kumar Vs State of Kerala