Allowed

Shihabudeen Jamal v. State of Kerala

Kerala HC9 Mar 2022Bail Appl./806/2022

Case brief

AI extract

What is this about?

The Honourable Court allowed an application for anticipatory bail for two accused persons charged under Section 498(A) IPC read with Section 34 IPC and Section 3(14) of the Dowry Prohibition Act, holding that custodial interrogation was unnecessary subject to specific conditions.

What did the court decide?

Petitioners released on bail subject to conditions including execution of bonds, cooperation with investigation, and non-interference with the complainant.

Shihabudeen Jamal Vs State of Kerala — Dowry and Cruelty | 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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WEDNESDAY, THE 9TH DAY OF MARCH 2022 / 18TH PHALGUNA, 1943

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BAIL APPL. NO. 806 OF 2022

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Crime No.110 OF 2022 OF ADOOR POLICE STATION, PATHANAMTHITTA

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PETITIONER/ACCUSED:

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1SHIHABUDEEN JAMAL,
AGED 28 YEARS,
NELLIVILLA VADAKATHIL, PAZHAKULAM P.O.,
PALLICKAL VILLAGE, PAZHAKULAM PADINJARUMURI.
PATHANAMTHITTA, PIN - 691554.
2NABESSA BEEVI,
AGED 51 YEARS,
NELLIVILLA VADAKATHIL, PAZHAKULAM P.O.,
PALLICKAL VILLAGE, PAZHAKULAM PADINJARUMURI.
PATHANAMTHITTA, PIN - 691554
BY ADVS.
SAIJO HASSAN
K.N.MUHAMMED THANVEER
BENOJ C AUGUSTIN
RAFEEK. V.K.
AKHILESH S.

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RESPONDENT:

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

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BY ADV SRI. T.R. RENJITH, SR.PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
09.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 806 OF 2022 -2-

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ORDER

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This is the application for anticipatory bail.

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Petitioners are the accused in Crime No.110/2022 of Adoor Police Station, Pathanamthitta District alleging the commission of offences under Section 498(A) r/w 34 of Indian Penal Code along with Section 3(14) of Dowry Prohibition Act.

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The allegation against the petitioners is that after the marriage of the first petitioner with the de facto complainant on 14.11.2021, the petitioner along with his mother, the second accused harassed the de facto complainant with demands for dowry.

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Learned counsel for the petitioners submits that petitioners are absolutely innocent in the matter. It is submitted that the allegations are raised to settle normal matrimonial disputes and there was no demand for the dowry at the instance of the petitioners. It is submitted that at any rate considering the nature of allegations the

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BAIL APPL. NO. 806 OF 2022 -3-

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custodial interrogation of the petitioners is not necessary in the matter.

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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 allegations against the petitioners and being convinced that the custodial interrogation of the petitioners is not necessary in the matter, I am inclined to allow this application.

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In the result, the bail application is allowed and it is directed that the petitioners shall be released on bail,

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in the event of their arrest in connection with Crime No.110 of 2022 of Adoor Police Station, Pathanamthitta District, subject to the following conditions:

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(i)Petitioners shall execute bonds for sums of Rs.50,000/- (Rupees f i fty thousand) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;

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(ii) Petitioners shall co-operate with the

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BAIL APPL. NO. 806 OF 2022 -4-

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investigation and appear before the investigating officer in Crime No.110 of 2022 of Adoor Police Station, Pathanamthitta District, whenever called upon to do so;

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(iii) Petitioners shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant o r any witness in Crime No.110 of 2022 of Adoor Police Station, Pathanamthitta District;

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(iv) 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 ofcer in fi Crime No.110 of 2022 of Adoor Police Station, Pathanamthitta District may f i le 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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Shihabudeen Jamal v. State of Kerala

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Shihabudeen Jamal v. State of Kerala

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