Sulaiman and Hajara v. State of Kerala

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 10[TH] DAY OF MAY 2022 / 20TH VAISAKHA, 1944** **BAIL APPL. NO. 3125 OF 2022** ## **APPLICANTS/ACCUSED NOS.1 AND 2:** 1 SULAIMAN AGED 45 YEARS SON OF MUHAMMED, THIRUVILWAMALA, PAZHAYANNUR, THRISSUR, PIN – 680588 NOW RESIDING AT SULAIMAN MAZIL, KALLIVALAPPIL HOUSE, MATHUR.P.O, PALAKKAD-678571. 2 HAJARA AGED 36 YEARS WIFE OF SULAIMAN, THIRUVILWAMALA, PAZHAYANNUR, THRISSUR, PIN – 680588 NOW RESIDING AT SULAIMAN MAZIL, KALLIVALAPPIL HOUSE, MATHUR.P.O, PALAKKAD-678571. BY ADV V.A.JOHNSON (VARIKKAPPALLIL) ## **RESPONDENT/COMPLAINTANT AND STATE:** STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT SREEJA V - SR P.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **BAIL APPL. NO. 3125 OF 2022** **2** ## **A.BADHARUDEEN,J.** **-------------------------** **BAIL APPL. NO. 3125 OF 2022** ----------------------Dated this the 10th day of May, 2022 ## **O R D E R** Petitioners who are husband and wife got arrayed as accused Nos.1 and 2 in Crime No.206/2022 of Pazhayannur Police Station seek the relief of pre-arrest bail in this petition filed under Section 438 of Cr.P.C. 2. Heard the learned counsel for the petitioners as well as the learned Public Prosecutor. 3. Here the prosecution alleges commission of offence under Sections 341, 323, 506 read with 34 of the IPC as well as under Section 31(1) of Protection of Women from Domestic **BAIL APPL. NO. 3125 OF 2022** **3** Violence Act, 2005 (“PWDV Act” for short). Out of which 31(1) of “PWDV Act” is the non bailable offence. The prosecution case is that on 10.04.2022 at about 19.30 hours, the 1[st] accused disobeyed the protection order given by the learned Magistrate under the “PWDV Act” and thereby committed offence under Section 31(1) of the “PWDV Act” . 4. The learned counsel for the petitioners submitted that the petitioners are innocent and they are not aware of the interim exparte order passed by the Magistrate and therefore, they have not violated the order willfully. He offered co-operation in the matter of investigation and thereby pressed for granting anticipatory bail. 5. The learned Public Prosecutor opposed the bail. He supported the prosecution allegation on the submission that the **BAIL APPL. NO. 3125 OF 2022** **4** petitioners willfully violated protection order granted by the learned Magistrate Court and therefore, arrest and custodial interrogation are insisted. 6. On perusal of case diary it is noticed that matrimonial dispute and rivalry in between the parties are the crux of the dispute. Therefore, though prosecution case is prima facie made out. However, whether the petitioners are aware of the interim exparte order passed and willfully violated the same are matters of investigation. I leave the same to the domain of the Investigating Officer for fair and proper investigation. I am of the view that the investigation can be materialised even without arrest and custodial interrogation of the petitioners. Therefore, they can be released on anticipatory bail with a direction to cooperate with the investigation on the **BAIL APPL. NO. 3125 OF 2022** **5** following conditions:- i. The petitioners shall surrender before the Investigating Officer on or before 20.05.2022 between 9 a.m and 11 a.m. on such surrender, the Investigating Officer can interrogate the petitioners and in the event of their arrest, the petitioners shall be produced before the jurisdictional court on the day of arrest itself. On such production, the jurisdictional Magistrate shall release the petitioners on bail, on executing bonds for Rs.50,000/-(Rupees Fifty thousand) each with two solvent sureties, each for the like sum to the satisfaction of the jurisdictional Magistrate. In case the petitioners fail to surrender before the Investigating Officer, the Investigating Officer is at **BAIL APPL. NO. 3125 OF 2022** **==> picture [8 x 9] intentionally omitted <==** liberty to arrest the petitioners forthwith. ii. The petitioners shall co-operate with Covid-19 restrictions. iii. The petitioners shall co-operate with the investigation and shall appear before the Investigating Officer as and when directed, till the final report is filed. The first accused is specifically directed to co-operate with the investigation in the matter of recovery as well. iv. The petitioners, shall not, directly or indirectly disobey the order of the Magistrate or any other Court in any manner. v. The petitioners are specifically directed not to involve in any crimes during the currency of bail and any such **BAIL APPL. NO. 3125 OF 2022** **==> picture [8 x 9] intentionally omitted <==** involvement or violation of the above conditions, if reported or came to the notice of the court will be a reason to cancel the bail hereby granted. Sd/- ## **A. BADHARUDEEN** **JUDGE** SAS **BAIL APPL. NO. 3125 OF 2022** **8** ## **APPENDIX OF BAIL APPL. 3125/2022** APPLICANTS' ANNEXURES Annexure1 CITIZEN COPY OF THE F.I.R.NO.206/2022 OF PAZHAYANNUR POLICE STATION, THRISSUR CITY DATED 11.04.2022 Annexure2 TRUE COPY OF THE M.C.NO.14/2022 OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE, WADAKKENCHERRY DATED 31.01.2022