Allowed

Gulam Razool.M. v. State of Kerala

Kerala HC8 Mar 2022Bail Appl./541/2022

Case brief

AI extract

What is this about?

In this bail application, the High Court of Kerala considered a plea for anticipatory bail in a case alleging offences under Section 498A IPC, Section 31 of the Domestic Violence Act, and Section 75 of the Juvenile Justice Act. The court granted anticipatory bail subject to conditions including execution of a bond, cooperation with investigation, and restrictions on entering specific locations. (P

What did the court decide?

Anticipatory bail granted, petitioner to be released on bail if arrested, subject to executing bond, cooperating with investigation, and not interfering with the complainant or witnesses.

Gulam Razool.M. Vs State of Kerala — Domestic Violence | Kerala HC (2022)

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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 8^TH DAY OF MARCH 2022 / 17TH PHALGUNA, 1943

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BAIL APPL. NO. 541 OF 2022

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CRIME NO.1834/2021 OF KALAMASSERY POLICE STATION, ERNAKULAM

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DISTRICT

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PETITIONER/ACCUSED:

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GULAM RAZOOL.M., AGED 47 YEARS, GULAM MANZIL, KUNDUKKAD, KIZHAKKANCHERY.P.O, PALAKKAD.678 684, NOW RESIDING AT GULAM MANZIL, THULEEPADAM, V.R.THANKKAPPAN ROAD, CHANGAMPUZHA NAGAR.P.O, THRIKKAKKARA NORTH, KANAYANNUR, ERNAKULAM-682 033.

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BY ADV GERRY DOUGLES S.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 SABITHA, AGED 41 YEARS, W/O.GULAM RAZOOL.M, GULAM MANZIL, KUNDUKKAD, KIZHAKKANCHERY.P.O, PALAKKAD.678 684, NOW RESIDING AT GULAM MANZIL, THULEEPADAM, V.R.THANKKAPPAN ROAD, CHANGAMPUZHA NAGAR.P.O, THRIKKAKKARA NORTH, KANAYANNUR, ERNAKULAM, PIN - 682033

BY PUBLIC PROSECUTOR

OTHER PRESENT:

SRI. M.C. ASHI (PP)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BA No.541/2022

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ORDER

This is an application for anticipatory bail.

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The petitioner is the accused in Crime No. 1834 of 2021 of Kalamasserry Police Station, Ernakulam District, which was registered alleging commission of offences under Sections 498A of the Indian Penal Code; Section 31 r/w Section 18(a) of the Domestic Violence Act and Section 75 of the Juvenile Justice Act.

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The allegation against the petitioner is that the petitioner violated the a protection order issued under the provisions of the Domestic Violence Act, physically abused his children and harassed the de facto complainant with a demand for more dowry.

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The learned counsel for the petitioner would submit that the petitioner and the de facto complainant were married for 19 years. It is submitted that the petitioner was working in Kuwait and in the month of March, 2021, they returned to India to set up a permanent residence at Edappally. It is further submitted that thereafter, unnecessary complaints have been filed against the petitioner including a complaint that the petitioner had behaved badly with his own children. It is further submitted that the

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..3..

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BA No.541/2022

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petitioner objected to the over use of mobile phone by his children, which was also a cause to file a complaint against him. It is submitted that the allegations are falsely raised and the petitioner is not guilty of any offence alleged against him.

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Heard the learned Public Prosecutor also. The learned Public Prosecutor points out the allegations raised by the de facto complainant against the petitioner and submits that since there is an allegation that the petitioner has violated the protection order under the Domestic Violence Act, the petitioner cannot be granted anticipatory bail. It is submitted that the allegation of committing the offence under the Juvenile Justice Act is also a serious offence.

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Though the de facto complainant is impleaded as the 2^nd respondent to this bail application, considering the overall facts and circumstances of the case, I dispense with notice to the 2^nd respondent.

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Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner, I am inclined to grant anticipatory bail to the petitioner subject to conditions.

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..4..

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BA No.541/2022

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In the result, this application is allowed and it is directed that the petitioner shall be released on bail, in the event of his arrest in connection with Crime No. 1834 of 2021 of Kalamasserry Police Station, Ernakulam District, subject to the following conditions:

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(a) Petitioner shall execute 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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(b) Petitioner shall co-operate with the investigation and appear before the investigating officer in Crime No. 1834 of 2021 of Kalamasserry Police Station, Ernakulam District, at 10 am on 17.03.2022, and thereafter, whenever called upon to do so;

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(c) The petitioner shall not enter the local limits of Edappally Police Station except for the purpose of complying with condition No.(b) above or for appearance before any court or authority;

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(d) Petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto

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BA No.541/2022

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..5..

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complainant o r any witness in Crime No. 1834 of 2021 of Kalamasserry Police Station, Ernakulam District ;

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

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If any of the aforesaid conditions i s violated, the investigating officer in Crime No. 1834 of 2021 of Kalamasserry Police Station, Ernakulam District, may file an application before the jurisdictional court, for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

bka/08.03.2022

Gulam Razool.M. v. State of Kerala

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Gulam Razool.M. v. State of Kerala

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