Allowed

Jezwin Rasheed, v. State of Kerala

Kerala HC6 Feb 2024Bail Appl./205/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by husband and parents-in-law accused of matrimonial cruelty under Section 498A IPC. Court noted ongoing settlement talks and allowed bail on bond of Rs.50,000 each with conditions against witness tampering.

What did the court decide?

Anticipatory bail: release on bond of Rs.50,000 each with two solvent sureties on arrest, with conditions to appear as directed, not influence witnesses or commit offences

Jezwin Rasheed, Vs State of Kerala — Dowry and Cruelty | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS

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 TUESDAY, THE 6 TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945

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BAIL APPL. NO. 205 OF 2024
CRIME NO.3034/2023 OF Thoppumpady Police Station, Ernakulam
PETITIONERS/ACCUSED NOS.1 TO 3:

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`1`	`JEZWIN RAS`	`HEED, AGED`	`34 YE`	`ARS`	`S/O.RASHEE`	`D N.`	`K, CC`
	`NO.14/1985,` `682005`	`R.K.PILLAI`	`ROAD,`	`KAR`	`UVELIPADY,`	`KOCHI,`	`PIN -`
`2`	`RASHEED` `N.`	`K,` `AGED` `6`	`8` `YEA`	`RS`	`S/O.KUNJO`	`N.A,`	`HOUSE`
	`NO.14/1985,` `682005`	`R.K.PILLAI`	`ROAD,`	`KAR`	`UVELIPADY,`	`KOCHI,`	`PIN -`
`3`	`SHAKEELA RA` `NO.14/1985,` `682005`	`SHEED, AGED` `R.K.PILLAI`	`61 YE` `ROAD,`	`ARS` `KAR`	`W/O.RASHEED` `UVELIPADY,`	`N.K ,` `KOCHI,`	`HOUSE` `PIN -`
	`BY` `ADVS.`	`R.O.MUHAMED`	`SHEM`	`EEM`	`NASEEHA`	`BEEGUM`	`P.S.`
	`P.A.AZIZ DR`	`.SILPA AZIZ`

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STATE OF KERALA, THOPPUMPADY POLICE STATION,
THOPPUMPADY, KOCHI - 682 005, REPRESENTED BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN -
682011

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SR.PP-SRI.VIPIN NARAYANAN,

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 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.02.2024,
 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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 B.A.NO.205 OF 2024

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ORDER

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Dated this the 6^th day of February, 2024

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This is an application for anticipatory bail under Section 438 of Cr.P.C. filed by accused Nos.1 to 3 in crime No.3034 of 2023 of Thoppumpady Police Station, Ernakulam, registered under Section 498A of IPC.

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The prosecution allegation is that, the petitioners, who are the husband and parents in law of the defacto complainant, subjected her to matrimonial cruelties demanding more money and gold.

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Heard learned counsel for the petitioners and learned Public Prosecutor.

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Learned Public Prosecutor opposed the bail application.

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Learned counsel for the petitioners would

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 B.A.NO.205 OF 2024

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submit that they are absolutely innocent of this crime, and they never ill-treated the defacto complainant physically or mentally. They are ready to abide by any conditions imposed by this Court.

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Learned counsel for the petitioners would submit that a settlement talk is going on, between the petitioners and the defacto complainant, and there is every likelihood of settling the matter. Since this being a matrimonial dispute, the chances of settlement, if any, will be foreclosed forever, if petitioners are sent to jail.

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Considering that aspect, this Court is inclined to allow this bail application on the following terms:

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(i) In the event of arrest, the petitioners shall be released on bail on executing bond for Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer;

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 B.A.NO.205 OF 2024

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(ii) Thereafter, the petitioners shall appear before the Investigating Officer as and when directed.

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(iii) The petitioners shall not influence or intimidate the witnesses and shall not tamper with the investigation.

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(iv) The petitioners shall not commit any offence while

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on bail.

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(v) In case of violation of any of the aforesaid conditions, the jurisdictional Court is empowered to cancel their bail.

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Sd/SOPHY THOMAS JUDGE

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SSK/06/02

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 B.A.NO.205 OF 2024

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 PETITIONER ANNEXURES

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Annexure A1 A TRUE COPY OF THE FIR IN CRIME NO. 3034 OF 2023, DATED 23.12.2023 OF THOPPUMPADY POLICE STATION.

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Annexure A2 A TRUE COPY OF THE KHULA NOTICE DATED 19.04.2023 PRONOUNCED BY THE DEFACTO COMPLAINANT.

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Annexure A3 A TRUE COPY OF THE PETITION IN OP NO. 1280 OF 2023, DATED 25.05.2023 ON THE FILE OF LEARNED FAMILY COURT, ERNAKULAM

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Annexure A4 A TRUE COPY OF THE JUDGMENT DATED 13.12.2024 IN OP NO. 1280 OF 2023, DATED 25.05.2023 ON THE FILE OF LEARNED FAMILY COURT, ERNAKULAM

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Annexure A5 A TRUE COPY OF THE INTERIM ORDER DATED 17.11.2023 IN I.A.NO.3 OF 2023 IN GOP NO.2475 OF 2023 OF LEARNED FAMILY COURT, ERNAKULAM

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 Annexure A6 A TRUE COPY OF THE INTERIM ORDER NOTICE ,DATED

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06.01.2024 UNDER 41A CODE OF CRIMINAL PROCEDURES

Jezwin Rasheed, v. State of Kerala

Case brief

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Jezwin Rasheed, v. State of Kerala

Case brief

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