Allowed

Ameer Ali v. the State of Kerala

Kerala HC3 Dec 2021Bail Appl./6548/2021

Case brief

AI extract

What is this about?

The Kerala High Court allowed an anticipatory bail application filed by three accused persons charged under Sections 498A and 406 IPC. The petitioners alleged the complaint was motivated to settle other marital disputes. The court granted bail subject to strict conditions including execution of bonds, appearance when summoned, non-contact with the complainant, and non-interference with witnesses o

What did the court decide?

Anticipatory bail granted to petitioners subject to conditions of bond, appearance, non-interference with complainant and witnesses. Release directed upon arrest.

Ameer Ali Vs the State of Kerala — 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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FRIDAY, THE 3^RD DAY OF DECEMBER 2021 / 12TH AGRAHAYANA, 1943

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BAIL APPL. NO. 6548 OF 2021

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CRIME NO.669/2021 OF Ponnani Police Station, Malappuram

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PETITIONER/ACCUSED:

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1 AMEER ALI AGED 41 YEARS S/O. MOHAMMED, CHERUVALAPPIL HOUSE, C.V MANZIL, ZIYARATH PALLI ROAD, PONNANI, MALAPPURAM DISTRICT.

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2 NASEERALI C.V, AGED 57 YEARS W/O. MOHAMMED .C.V,CHERUVALAPPIL HOUSE, C.V MANZIL, ZIYARATH PALLI ROAD, PONNANI, MALAPPURAM DISTRICT.

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3 SAMEER BABU AGED 37 YEARS

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S/O. MOHAMMED, CHERUVALAPPIL HOUSE, C.V MANZIL, ZIYARATH PALLI ROAD, PONNANI, MALAPPURAM DISTRICT. BY ADV K.RAKESH

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RESPONDENT/STATE AND COMPLAINANT:

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1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031

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2 THE STATION HOUSE OFFICER PONNANI POLICE STATION, MALAPPURAM DISTRICT, PIN 679 575

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3 ADDL. SHAMSABI KUNHIKALAKATH SHAMSABI KUNHIKALAKATH, KUTTIKADU, EZHUVATHURUTHI PONNANI, MALAPPURAM DISTRICT PIN-679576

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IS IMPLEADED AS ADDL R3 AS PER ORDER DATED 26/10/2021 IN CRL.MA.1/2021.

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SMT. SEETHA S., SR. PUBLIC PROSECUTOR.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

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03.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 6548 OF 2021 2

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ORDER

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This is an application for anticipatory bail.

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Petitioners are the accused in Crime No.669/2021 of Ponnani police station, alleging commission of offences under Sections 498A and 406 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 14.07.2005. The allegation against the petitioners is that they treated the de facto complainant with cruelty and subjected her to mental and physical harassment and made demands for dowry. It is also alleged that they had misappropriated the gold ornaments given to the de facto complainant at the time of marriage as a gift.

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Learned counsel appearing for the petitioners submits that the petitioners are absolutely innocent in the matter. It is submitted that the 2^nd petitioner is the mother of the 1^st petitioner and the 3^rd petitioner is the sister of the 1^st petitioner. It is submitted that they had not treated the de facto complainant with cruelty as alleged and that there has been no misappropriation of gold ornaments belonging to the

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BAIL APPL. NO. 6548 OF 2021 3

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de facto complainant. It is submitted that the complaint has been filed to pressurize the 1^st petitioner to enter into some sort of settlement regarding other matrimonial disputes between the 1^st petitioner and the de facto complainant.

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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 taking into consideration the nature of the allegations against the petitioners and also considering the fact that custodial interrogation of the petitioners may not be necessary for the proper investigation into the matter, I am of the opinion that anticipatory bail can be granted to the petitioners subject to strict conditions.

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In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in crime No.669/2021 of Ponnani police Station subject to the following conditions:-

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(i) Petitioners shall execute separate bonds 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) Petitioners shall appear before the investigating officer

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BAIL APPL. NO. 6548 OF 2021 4

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in Crime No.669/2021 of Ponnani Police station as and when summoned to do so;

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(iii) The petitioners shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.669/2021 of Ponnani police station;

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(iv) The petitioners 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.669/2021 of Ponnani police station may file an application before the jurisdictional Court, for cancellation of bail.

sd/-

GOPINATH P.

JUDGE

ajt

Ameer Ali v. the State of Kerala

Case brief

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Ameer Ali v. the State of Kerala

Case brief

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