Allowed

Abdul Rahiman v. State of Kerala

Kerala HC12 Apr 2023Bail Appl./2550/2023

Case brief

AI extract

What is this about?

This High Court disposed of a Section 438 CrPC application seeking pre-arrest bail for two elderly accused in a dowry cruelty case. Considering their age and general nature of allegations, the Court granted bail subject to surrender, bond execution, cooperation with investigation, and appearance conditions.

What did the court decide?

Petitioners granted bail conditioned upon surrender within two weeks, execution of bonds with sureties, full cooperation with investigation, and observance of specific appearance and conduct condition

Abdul Rahiman Vs State of Kerala — Domestic Violence | Kerala HC (2023)

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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 ZIYAD RAHMAN A.A.

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WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945

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BAIL APPL. NO. 2550 OF 2023

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Crime No. 230/2023 of Vadakkancherry Police Station, Palakkad

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PETITIONER/ACCUSED NOS 2 ANDS 3:

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1ABDUL RAHIMAN
AGED 67 YEARS
S/O.MUHEMMED, BAVUKKAN HOUSE, PUTHUKKODE, ALATHUR,
PALAKKAD, PIN - 678687

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2HAJIRA
AGED 63 YEARS
W/O.ABDUL RAHIMAN, BAVUKKAN HOUSE, PUTHUKKODE, ALATHUR,
PALAKKAD, PIN - 678687

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BY ADV V.A.JOHNSON (VARIKKAPPALLIL)

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RESPONDENT/COMPLAINANT:

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

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BY ADV PUBLIC PROSECUTOR

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ADV C S HRITHWIK -SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

B.A No. 2550 of 2023

O R D E R

This is an application filed under Section 438 of the Code of Criminal Procedure seeking pre-arrest bail.

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2 . The petitioners are the accused Nos. 2 and 3, in Crime No. 230/2023 of Vadakkancherry Police Station, Palakkad. The offences alleged against the petitioners and the 1 st accused are punishable under Section 498A read with Section 34 of the Indian Penal Code. The aforesaid crime was registered based on a complaint submitted by the wife of the 1 st accused. The petitioners are the parents of the 1 st accused.

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3 . The allegations against the accused are as follows: The marriage between the 1 st accused and the defacto complainant was solemnized on 01.01.2014. After the marriage, the defacto complainant resided along with the accused persons. However, it is alleged that, during her stay along with them, she was subjected to physical and mental cruelties by demanding more amounts as dowry. The complaint was submitted in such circumstances, and this application is submitted as the petitioners apprehend arrest in connection with the investigation of the said crime.

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B.A No. 2550 of 2023

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4 . Heard, Sri. V.A Johnson (Varikkappallil), the learned counsel appearing for the petitioners and Sri.C.S Hrithwik, the learned Public Prosecutor, appearing for the State.

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5 . The learned counsel for the petitioners submits that the petitioners are innocent of all the allegations. They were implicated with the false allegation only because of certain matrimonial disputes between the 1 st accused and the defacto complainant. It is further pointed out that, they are prepared to abide by any conditions that may be imposed by this Court and are willing to cooperate with the investigation.

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6 . On the other hand, the learned Public Prosecutor would oppose the aforesaid application by highlighting that there are allegations against the petitioners as well. The matter is under investigation, and therefore, the release of the petitioners is likely to adversely affect the ongoing investigation.

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7 . I have gone through the records and heard the

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contentions raised by both sides. It is evident from the records that the allegations raised are general in nature. Even though there are allegation of physical illtreatment, the same is raised mainly against the 1 st accused. Considering the nature of the allegations, and also taking into account the fact that the

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B.A No. 2550 of 2023

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petitioners are aged more than 60 years, I deem it appropriate to

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pass an order, protecting their personal liberty even while ensuring their cooperation with the investigation.

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In such circumstances, this bail application is disposed of with the following conditions:-

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i) The petitioners shall surrender before the Investigating Officer, within a period of two weeks from today, for subjecting themselves to interrogation.

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ii) After interrogation, the petitioners shall be released on bail on the very same day of surrender upon the petitioners executing bonds for Rs 1,00,000/- (Rupees one lakh only) each with two sureties each for the like sum, to the satisfaction of the Investigating Officer

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iii) The petitioners shall fully cooperate with the investigation, including subjecting themselves to the deemed police custody for the purpose of recovery, if any, as and when demanded.

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iv) The petitioners shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Saturday until the filing of the final report

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B.A No. 2550 of 2023

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v ) The petitioners shall also appear before the

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Investigating Officer as and when required by them.

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vi) The petitioners shall not commit any offence of similar

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nature while on bail.

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vii) The petitioners shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

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viii) The petitioners shall not leave the State of Kerala without the permission of the trial Court.

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In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.

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Sd/-

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ZIYAD RAHMAN A.A

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JUDGE

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rpk

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B.A No. 2550 of 2023

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APPENDIX OF BAIL APPL. 2550/2023

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PETITIONER ANNEXURES

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Annexure1TRUE COPY OF THE F.I.R.NO.230/2023 OF
VADAKKENCHERRY POLICE STATION, PALAKKAD
DISTRICT DATED 07.03.2023

Abdul Rahiman v. State of Kerala

Case brief

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Abdul Rahiman v. State of Kerala

Case brief

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