Thanveer Ahamed v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 Bail Appl..No. 602 of 2015 () ------------------------------ CC 1328/2014 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS - I, HOSDURG KASARGOD DISTRICT ----------------------- PETITIONER/ACCUSED NO.1 :
----------------------------------------- THANVEER AHAMED, AGED 26 YEARS, S/O SHAHUK HAMEED THAHA, VALIYAVILASYIL VEEDU, KUSHAL NAGAR, KANHANGAD, HOSDURG, KASARGOD NOW, RESIDING AT KMV V 19 C NELLIKKAT, BALLA VILLAGE, P.O., BALLA, HOSDURG TALUK, KASARGOD BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT/STATE :
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1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM 682031 (CRIME NO. 511/2013 OF HOSDURG POLICE STATION KASARGOD) *ADDL. R2 IMPLEADED :
*2. SHALIMA, AGED 25 YEARS, D/O. MUHAMMED ILIYAS, KAITHAKKEPARAMBIL, KODUNGALLUR P.O., ANCHAPPALAM.
*ADDL.R2 IS IMPLEADED AS PER ORDER DT 2/3/2015 IN CRL.M.A. 1112/2015. BY PUBLIC PROSECUTOR SRI. SREEJITH V.S.
BY ADV. SRI.VIPIN NARAYAN BY ADV. SRI.V.C.SARATH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` B.A. No.602 2015 ````````````````````````````````````````````````````````````` Dated this the 2nd day of March, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C.
2.
Petitioner is the 1st accused in Crime No.511/2013 of Hosdurg Police Station registered for the offences punishable under Sections 341, 323, 506(i) and 498A read with Section 34 IPC.
3.
After making a false representation that the petitioner was a Post Graduate in Orthopedics and had obtained MS Degree in it, he had entered into a contract of marriage with the de facto complainant woman by obtaining an amount ₹20 lakhs and 300 sovereigns of gold ornaments. Within a short period, the entire gold ornaments
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were taken away by the petitioner and his mother and some of those gold ornaments were disposed of and a good quantity of the balance gold ornaments were pledged in three banks for huge amounts. After misappropriating her entire gold ornaments and money, she was tortured to the maximum, by demanding more dowry. He has never obtained any degree in Orthopedics and he is not even a medical graduate at all. In fact, on a false representation that he had acquired MS Orthopedics Degree, he had practised at a hospital as Orthopedist. The petitioner has been in custody for the period from 09.01.2015 onwards. 4.
Heard learned counsel for the petitioner, learned counsel for the de facto complainant and the learned Public Prosecutor.
5.
The learned counsel for the de facto complainant has pointed out that once the petitioner was enlarged on bail and thereafter, he was absconding and subsequently, he has surrendered on 09.01.2015. The learned counsel for
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the petitioner submits that the petitioner has undertaken to settle the matter within a short span of time on his enlargement of bail and the pledged gold ornaments can be obtained and released within a short span of time. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the possible chance of settlement in the matter, I am satisfied that the petitioner can be enlarged on bail on strict conditions. 6.
In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:- (i) Both the sureties shall produce solvency certificates for ₹1,00,000/- each before the court below.
(ii) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays commencing from
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09.03.2015 for a period of six months.
(iii) The petitioner shall not tamper with the evidence or influence witnesses.
(iv) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(v) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/- (B.KEMAL PASHA, JUDGE) aks/02/03 // True Copy // PA to Judge