High CourtsSingle Bench

Ashif vs State Of Kerala

High Court Of Kerala · Decided on 24 December 2024 · Citation: (2024) 12 KL CK 0103

HON’BLE JUDGES
M.B.Snehalatha, J
ACTS & SECTIONS REFERRED
Bharathiya Nagarik Suraksha Sanhita, 2023 — Section 482 · Indian Penal Code, 1860 — Section 34, 498A
RESULT
Allowed
CASE NUMBER
Bail Application No. 9955 Of 2024
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Judgment

14 paragraphs · 342 words

M.B.Snehalatha, J

1.

This Bail Application is filed by the accused under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 in Crime No.377/2024 of Kannapuram Police Station, Kannur, registered for the offence punishable under Section 498A r/w 34 of IPC.

2.

The prosecution case is that, accused Nos.1 and 2, who are the husband and mother-in-law of the defacto complainant subjected her to cruelty by demanding dowry. Accused thereby committed the aforementioned offence.

3.

Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor.

4.

The counsel for the petitioner/1st accused contended that the petitioner is innocent and he has not committed any offence as alleged and he was falsely implicated. The counsel also submitted that the petitioner is ready to abide by any conditions which may be imposed by this Court, if bail is granted to him.

5.

The learned Public Prosecutor opposed the bail application.

6.

It is an admitted fact that the investigation in this case is over and the final report has been filed on 24.10.2024. Considering the facts and circumstances of the case, this Court is of the view that the petitioner/1st accused can be released on bail subject to stringent conditions.

Therefore, this Bail Application is allowed with the following conditions:

1.

The petitioner shall surrender before the jurisdictional Magistrate within two weeks from today. On such surrender, he shall be released on bail on executing a 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 arresting officer concerned.

2.

Petitioner shall not leave India without permission of the jurisdictional Court.

3.

Petitioner shall not involve in any crime while on bail.

4.

Petitioner shall not intimidate or influence the witnesses.

5.

Petitioner shall not enter into the house wherein the defacto complainant is residing.

6.

If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance with law, even though the bail is granted by this Court.