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High Court of KeralaBail Appl./1275/2015allowed

Abdulla K.P. v. State Of Kerala

2015-06-25Honourable Mr. Justice B.Sudheendra Kumar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 Bail Appl..No. 1275 of 2015 () ------------------------------- CRIME NO. 938/2014 OF NEELESWARAM POLICE STATION, KASARGOD DISTRICT ------------------ PETITIONER(S)/ACCUSED NO.1 TO 4:

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1. ABDULLA K.P., AGED 48 YEARS, S/O.LATE MAMMAD, KURUMATHUR P.O., KURUMATHUR AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT-670 142.

2. SUBAIDA, AGED 40 YEARS, W/O.ABDULLA K.P., KURUMATHUR P.O., KURUMATHUR AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT- 670 142.

3. MISARIYA, AGED 23 YEARS, D/O.ABDULLA K.P., KURUMATHUR P.O., KURUMATHUR AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT- 670 142.

4. RAHMATH P., AGED 22 YEARS, D/O.ABDULLA K.P., KURUMATHUR P.O., KURUMATHUR AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT-670 142.

BY ADV. SRI.P.B.AJOY RESPONDENT/COMPLAINANT :

----------------------------------------------- STATE OF KERALA, REPRESENTED BY SHO OF NEELESWARAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PIN-682 031 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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B.SUDHEENDRA KUMAR, J.

- - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - Bail Application No.1275 of 2015 D - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of June 2015

O R D E R

The petitioners are accused in Crime No.938 of 2014 of Neeleswaram Police Station registered under Sections 420, 468, 471 and 506(i) read with Section 34 of the Indian Penal Code.

2. The petitioners have filed this application under Section 438 of the Code of Criminal Procedure.

3. Heard the learned counsel for the petitioners and the learned Public Prosecutor for the respondent. Perused the case diary.

4. The learned Public Prosecutor has no serious objection in allowing this application. It appears from the facts and circumstances as revealed from the case diary that the dispute involved in this case is mainly civil in nature. In the said circumstances, the custodial interrogation of the petitioners is not necessary for the progress of investigation of this case. Therefore, I am inclined to allow this application.

B.A.No. 1275 of 2015 In the result, this application stands allowed and the respondent is directed to release the petitioners on bail in the event of their arrest in connection with Crime No.938 of 2014 of Neeleswaram Police Station on condition of each of the petitioners executing a bond for Rs.30,000/- (Rupees Thirty thousand only) each with two solvent sureties each, each for the like sum to the satisfaction of the Sub Inspector of Police, Neeleswaram Police Station before whom the petitioners shall surrender within two weeks from today and subject to the following conditions:

i. The petitioners shall report before the investigating officer as and when required for interrogation.

ii. The petitioners shall not influence or intimidate the witnesses or in any way tamper with the investigation.

iii.The petitioners shall not get involved in any offence during the period of this bail.

Sd/- B.SUDHEENDRA KUMAR, JUDGE AMV/25/06/ /TRUE COPY/ P.A.TO JUDGE