Allowed

Shemeer v. the Station House Officer

Kerala HC14 Dec 2021Bail Appl./6028/2021

Case brief

AI extract

What is this about?

The High Court of Kerala considered an application for anticipatory bail filed by the first and second accused in a criminal case under Section 498A r/w. Section 34 IPC. The court granted bail subject to strict conditions after noting that custodial interrogation was not necessary for the investigation.

What did the court decide?

Petitioners granted anticipatory bail subject to conditions of bond execution, reporting to investigating officer, not influencing complainant, and not committing any other crime.

Shemeer Vs the Station House Officer — Matrimonial and Divorce | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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TUESDAY, THE 14^TH DAY OF DECEMBER 2021 / 23RD AGRAHAYANA, 1943

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BAIL APPL. NO. 6028 OF 2021

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CRIME NO.1175/2021 OF KOTTARAKKARA POLICE STATION, KOLLAM

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PETITIONERS/ACCUSED 1 & 2:

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1 SHEMEER,AGED 29 YEARS S/O.ZAKKIR HUSSAIN, SHEMEENA MANZIL, PALLIKKAL MURI, PALLIKKAL P.O., KOLLAM - 691 566.

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2 ZAKKIR HUSSAIN AGED 53 YEARS S/O.MOIDEENKANNU RAWTHER, SHEMEENA MANZIL, PALLIKKAL MURI, PALLIKKAL P.O., KOLLAM - 691 566.

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BY ADV MANU ROY

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RESPONDENT/COMPLAINANT

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THE STATION HOUSE OFFICER KOTTARAKKARA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

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OTHER PRESENT:

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SMT. SEETHA .S. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.6028/2021

ORDER

This is an application for anticipatory bail.

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The petitioners are the 1^st and 2^nd accused in Crime No.1175/2021 of Kottarakkara Police Station, Kollam District alleging commission of offence under Section 498A r/w. Section 34 of the Indian Penal Code.

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The 1^st petitioner got married to the de facto complainant on 1.11.2020. It is stated that the parties started living separately from 10.11.2020. It is submitted that following marital discord between the 1^st petitioner and the de facto complainant, a mediation was held by the local Muslim Jama Ath Committee, whereby the parties had agreed to dissolve their marriage by pronouncing talaq . It is stated that the petitioners had returned all gifts received by the de facto complainant at the time of marriage. It is also submitted that there are proceedings before the FamilyCourt, Kottarakkara for dissolution of the marriage between the 1^st petitioner and the de facto complainant as null and void.

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The learned counsel for the petitioners submits that the facts being as above, the allegations of cruelty by the petitioners is fanciful and cannot be believed even for a moment. It is submitted that, at any rate, the custodial interrogation of the petitioner is not necessary for a proper investigation into the crime.

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B.A.No.6028/2021

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I have heard the learned Public Prosecutor also.

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Having regard to the facts and circumstances of the case and considering the fact that the custodial interrogation of the petitioners may not be necessary for proper investigation in Crime No.1175/2021 of Kottarakkara Police Station, I am of the view that the petitioners can be granted anticipatory bail subject to strict conditions.

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In the result, this application for anticipatory bail is allowed. It is directed that the petitioners shall be released on bail in the event of their arrest in Crime No. 1175/2021 of Kottarakkara Police Station, subject to the following conditions:-

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(i) The petitioners shall execute bond for sums of Rs.50,000/(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

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(ii) The petitioners shall report before the investigating officer in Crime No. 1175/2021 of Kottarakkara Police Station as and when called upon to do so;

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(iii) The petitioners shall not attempt to influence or intimidate the de facto complainant or any witness in Crime No. 1175/2021 of Kottarakkara Police Station;

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

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B.A.No.6028/2021

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If any of the aforesaid conditions are violated, the investigating officer in Crime No.1175/2021 of Kottarakkara Police Station, Kollam District may file an application before the jurisdictional Court, for cancellation of bail.

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sd/-

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GOPINATH P. JUDGE

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acd

Shemeer v. the Station House Officer

Case brief

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Shemeer v. the Station House Officer

Case brief

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What did the court decide?

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