Allowed

Sheffin T.Shajahan v. the State of Kerala

Kerala HC16 Dec 2021Bail Appl./6363/2021

Case brief

AI extract

What is this about?

High Court of Kerala allowed an application for anticipatory bail for the accused in a dowry harassment and cruelty case, imposing conditions including a bond, reporting to the investigating officer, surrendering passport, and non-contact with the complainant.

What did the court decide?

Petitioner granted anticipatory bail subject to conditions of bond execution, reporting to IO, passport surrender, non-contact with complainant, and non-involvement in other crimes.

Sheffin T.Shajahan Vs the State of Kerala — Dowry and Cruelty | 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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THURSDAY, THE 16^TH DAY OF DECEMBER 2021 / 25TH AGRAHAYANA, 1943

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BAIL APPL. NO. 6363 OF 2021

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AGAINST THE ORDER/JUDGMENT IN CRMP 976/2021 OF DISTRICT COURT &

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SESSIONS COURT,KOTTAYAM

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CRIME NO.785/2021 OF MUNDAKKAYAM POLICE STATION, KOTTAYAM

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DISTRICT

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PETITIONER/ACCUSED NO.1:

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SHEFFIN T.SHAJAHAN AGED 28 YEARS S/O.SHAJAHAN, MULAMKUNNUPUTHUPPARAMBIL HOUSE, RPC P.O9., VARIKKANI, MUNDAKKAYAM, KOTTAYAM - 686 513.

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BY ADVS.

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ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH)

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RESPONDENT/STATE:

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1 THE STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, MUNDAKKAYAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.

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2 ADDL.R2.SAFEELA SATHAR AGED 23 YEARS D/O ABDUL SATHAR, PERUMBRAYIL HOUSE, PUTHEN PARACHANTHAYIL, MUNDAKKAYAM P.O, KOTTAYAM-686513 IS IMPLEADED AS PER ORDER DATED 08/11/2021 IN CRL.MA.NO.1/2021

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OTHER PRESENT:

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SRI. NOUSHAD K.A. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.6363/2021

ORDER

This is an application for anticipatory bail.

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The petitioner is the 1^st accused in Crime No.785/2021 of Mundakkayam Police Station, Kottayam District alleging commission of offence under Sections 498A, 294(b) and 323 r/w. Section 34 of the Indian Penal Code.

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The allegation against the petitioner is that, following the marriage of the petitioner with de facto complainant, the petitioner used to torture the de facto complainant with a demand for dowry. It is also alleged that he used to behave with cruelty to the de facto complainant by stating that she is not good looking. It is also alleged that on 4.7.2021 at about 6.45 p.m., the de facto complainant was beaten up by the petitioner and that the mother of the de facto complainant was also attacked by the petitioner.

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The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter and the allegations are raised only to settle other matrimonial disputes between the parties. The notice of this Bail Application was given to the de facto complainant. However, she has not chosen to appear before this Court. It is seen from the record that the notice was served on the de facto complainant and an endorsement to that effect was made on 7.12.2021.

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B.A.No.6363/2021

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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 nature of the allegations against the petitioner and also considering the fact that the custodial interrogation of the petitioner may not be necessary for a proper investigation into the matter, I am of the view that the petitioner 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 petitioner shall be released on bail in the event of arrest in Crime No.785/2021 of Mundakkayam Police Station, subject to the following conditions:-

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

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(ii) The petitioner shall report before the investigating officer in Crime No.785/2021 of Mundakkayam Police Station as and when called upon to do so;

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(iii) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

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B.A.No.6363/2021

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(iv) The petitioner shall not attempt to contact the de facto complainant or influence or intimidate any witness in Crime No.785/2021 of Mundakkayam Police Station;

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(v) The petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the investigating officer in Crime No. 785/2021 of Mundakkayam Police Station, Kottayam 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

Sheffin T.Shajahan v. the State of Kerala

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Sheffin T.Shajahan v. the State of Kerala

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