Allowed

Riyas v. State of Kerala

Kerala HC16 Dec 2021Bail Appl./6873/2021

Case brief

AI extract

What is this about?

Kerala HC allowed an anticipatory bail application by four petitioners accused under IPC Sections 323, 324, 506(ii), 498A, and 294(b) arising from a matrimonial dispute. The court held custodial interrogation was unnecessary and granted bail subject to cooperation with investigation and restrictive conditions.

What did the court decide?

Anticipatory bail allowed subject to conditions including bond execution, cooperation with investigation, non-contact with complainant, and no criminal involvement.

Riyas Vs State of Kerala — Bail and Remand | 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,

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1943

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BAIL APPL. NO. 6873 OF 2021

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CRIME NO.889/2021 OF PATHANAPURAM POLICE STATION

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PETITIONERS:

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1 RIYAS AGED 32 YEARS S/O. RAHIM, PALAVILA KIZHAKKETHIL HOUSE, INCHAKKADU, SOORANAD SOUTH, KAKKAKUNNU (P.O.), KOLLAM DISTRICT 690 522.

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2 RAHIM, AGED 55 YEARS S/O. MUHAMMED RAVOOTHAR, PALAVILA KIZHAKKETHIL HOUSE, INCHAKKADU, SOORANAD SOUTH, KAKKAKUNNU (P.O.), KOLLAM DISTRICT 690 522.

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3 AJITHA BEEGAM, AGED 49 YEARS W/O. RAHIM, PALAVILA KIZHAKKETHIL HOUSE, INCHAKKADU, SOORANAD SOUTH, KAKKAKUNNU (P.O.), KOLLAM DISTRICT 690 522.

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4 NIYAS, AGED 28 YEARS S/O. RAHIM, PALAVILA KIZHAKKETHIL HOUSE, INCHAKKADU, SOORANAD SOUTH, KAKKAKUNNU (P.O.), KOLLAM DISTRICT 690 522.

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BAIL APPL. NO. 6873 OF 2021

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..2..

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BY ADVS. RAJEE P MATHEWS BINDU MOHAN AMRUTHA P S AMRUTHA K P VIJAY SANKAR V.H.

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RESPONDENTS/STATE:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM 682 031. ADDL.R2 ASHNA ASHARAF, AGED 30 YEARS D/O ASHARAF, MARUKARAPUTHENVEEDU, PUNNALA, PATHANAPURAM, KOLLAM DISTRICT-689696.

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R2 IS IMPLAEDED AS PER ORDER DATED 22/10/2021 IN CRL.M.A. NO.1/2021

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BY ADV B.MOHANLAL

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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:

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BAIL APPL. NO. 6873 OF 2021

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..3..

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ORDER

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This is an application for anticipatory bail.

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The petitioners are the accused in Crime No.899 of 2021 of Pathanapuram Police Station, which was registered alleging commission of offences under Sections 323, 324, 506(ii), 498(A) and 294(b) read with Section 34 of the Indian Penal Code.

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The allegation against the petitioners is that the 1^st petitioner/1st accused, after getting married the de facto complainant on 30.10.2016 and after misappropriating the gold ornaments and money given by her parents at the time of marriage and after misappropriating the gold ornaments of the child born in the wedlock, physically and mentally tortured the de facto complainant with a demand for more dowry. It is also alleged that the 1^st petitioner/1st accused together with the other accused abused the de facto complainant on several occasions and thereby, they committed the offences alleged against them.

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Considering the fact that the allegations are primarily relatable to matrimonial disputes, I had directed the 1^st petitioner and the de facto complainant to attempt mediation. However, it is now

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..4..

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BAIL APPL. NO. 6873 OF 2021

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reported that the mediation failed and the parties could not arrive at any amicable solution for their disputes.

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The learned counsel for the petitioners submits that the petitioners are absolutely innocent in the matter and the allegations are raised only with a view to settle other matrimonial disputes. It is submitted that, at any rate, the custodial interrogation of the petitioners is not necessary for a proper investigation in Crime No.899 of 2021 of Pathanapuram Police Station.

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The learned Public Prosecutor and the learned counsel for the de facto complainant submit that grant of anticipatory bail to the petitioners at this stage may affect the investigation. It is also submitted that since there are allegations that certain quantity of gold ornaments and money belonging to the de facto complainant were misappropriated by the accused persons, a thorough investigation is required and at least a limited custody may be required for the purpose of a proper investigation.

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The learned counsel for the de facto complainant would vehemently urge that this is not a fit case, where the petitioners can be granted anticipatory bail.

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BAIL APPL. NO. 6873 OF 2021

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..5..

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Having regard to the facts and circumstances of the case and considering the fact that custodial interrogation of the petitioners is not necessary for a proper investigation of the matter, I am of the view that anticipatory bail can be granted to the petitioners subject to conditions.

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In the result, this application is allowed and it is directed that the petitioners shall be released on bail, in the event of their arrest in connection with Crime No.899 of 2021 of Pathanapuram Police Station, subject to the following conditions:

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(a) Petitioners shall execute bonds for sums of Rs.50,000/(Rupees fifty thousand) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

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(b) The 1^st petitioner shall co-operate with the investigation and report before the investigating officer in Crime No.899 of 2021 of Pathanapuram Police Station from 20.12.2021 till 25.12.2021 at 9 am and thereafter, whenever called upon to do so;

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BAIL APPL. NO. 6873 OF 2021

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..6..

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and report before the investigating officer in Crime No.899 of 2021 of Pathanapuram Police Station, whenever called upon to do so;

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(d) Petitioners shall interfere with the investigation or shall not attempt to establish any contact with the de facto complainant or to influence or intimidate the de-facto complainant o r any witness in Crime No.899 of 2021 of

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Pathanapuram Police Station in any manner whatsoever;

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(e) Petitioners shall not involve in any other crime while on bail.

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If any of the aforesaid conditions is violated, the investigating officer in Crime No.899 of 2021 of Pathanapuram Police Station, may file an application before the jurisdictional court, for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

Bka/16.12.2021

Riyas v. State of Kerala

Case brief

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Riyas v. State of Kerala

Case brief

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