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Safeena.K. vs State Represented By Public … on 2 September, 2008

Kerala High Court
Safeena.K. vs State Represented By Public … on 2 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2992 of 2008()


1. SAFEENA.K., D/O.IBRAHIM HAJI, AGED 22
                      ...  Petitioner

                        Vs



1. STATE REPRESENTED BY PUBLIC PROSECUTOR,
                       ...       Respondent

2. K.M.ABDUL SHUKOOR, S/O.MOOSA HAJI,

                For Petitioner  :SMT.K.K.CHANDRALEKHA

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :02/09/2008

 O R D E R
                             R.BASANT, J
                      ------------------------------------
                    Crl.M.C. No.2992 of 2008
                     -------------------------------------
            Dated this the 2nd day of September, 2008

                                  ORDER

Petitioner is the defacto complainant in two prosecutions,

the first under Section 498 A I.P.C and the latter, inter alia,

under Section 448 I.P.C, which are pending against the 2nd

respondent herein. The 2nd respondent is the former husband of

the petitioner/defacto complainant. In the prosecution under

Section 498 A I.P.C, the 2nd respondent was granted regular bail

subject to conditions. It is while he was on bail that the alleged

second incident had taken place. The petitioner has come to this

Court with this petition now raising a grievance that the 2nd

respondent has abused his freedom and liberty granted under

the earlier order granting bail. It is, in these circumstances,

prayed that the bail granted to the 2nd respondent may be

cancelled.

2. Notice was given to the learned Public Prosecutor.

The learned Public Prosecutor reports that it is true that while

the 2nd respondent was on bail, he had committed the latter

crime. That crime has been investigated. Final report has

already been filed and cognizance has been taken against the 2nd

respondent.

Crl.M.C. No.2992 of 2008 2

3. Notice was given to the 2nd respondent. The 2nd

respondent has entered appearance. He has filed a statement.

The allegations raised are stoutly denied. It is contended that

the petitioner is interested only in raising vexatious allegations.

On account of disagreement in the matrimony, divorce has been

effected. The 2nd respondent has no intention of going to the

petitioner or in any way disturbing her. The allegations in the

latter crime have been raised transparently with vexatious

intent. The police is acting in a partisan manner to oblige the

petitioner. The 2nd respondent has not committed any crime.

The 2nd respondent has no intention of entering the jurisdiction

of Chakkarakallu Police Station except to visit his aged parents.

He is employed at Bangalore and he will not be entering the

Chakkarakallu Police Station except once a month to visit his

parents. The bail granted to the 2nd respondent does not deserve

to be cancelled. Appropriate safeguards may be insisted,

submits the learned counsel for the 2nd respondent.

4. I have considered all the relevant circumstances. It

would be presumptuous on the part of this Court to enter a

specific finding as to the allegations raised in the latter crime are

correct or not. I am satisfied in the peculiar facts and

Crl.M.C. No.2992 of 2008 3

circumstances of this case that appropriate safeguards can be

insisted and the bail granted to the 2nd respondent need not be

cancelled.

5. This Crl.M.C is, in these circumstances, dismissed, but

subject to the further stipulation that the 2nd respondent shall

continue to remain in bail on condition that he shall not enter the

jurisdiction of Chakkarakallu Police Station until both the cases

against him are disposed of without prior permission of the

learned Magistrate, except once a month on the Second

Saturday and the following Sunday of every English Calendar

month, that too for the purpose of visiting his parents only.

Sd/-

(R.BASANT, JUDGE)
rtr/-

/true copy/
P.A to Judge

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