IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 Crl.MC.No. 2992 of 2008() ------------------------- CC.185/2007 of CHIEF JUDITIAL MAGISTRATE COURT, THALASSERY CRIME NO.220/08 OF CHAKKARAKALLU POLICE STATION .................... PETITIONER: DE-FACTO COMPLAINANT -------------------------------- SAFEENA.K., D/O.IBRAHIM HAJI, AGED 22 THARA HOUSE, KAPPAD P.O., KANNUR. BY ADV. SMT.K.K.CHANDRALEKHA SRI.GOPAKUMAR G. (ALUVA) RESPONDENTS: COMPLAINANT/IST ACCUSED ------------------------------------ 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. K.M.ABDUL SHUKOOR, S/O.MOOSA HAJI, KANDOTH HOUSE, CHALA POST THOTTADA KANNUR - 7. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB SRI.P.M.PAREETH FOR R2 SRI.MOHAMMED SHAMEEL FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 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