← Library
High Court of KeralaBail Appl./1440/2015allowed

Mohammed Rafi v. State Of Kerala

2015-06-113 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 11TH DAY OF JUNE 2015/21ST JYAISHTA, 1937 Bail Appl..No. 1440 of 2015 ------------------------------------- CRIME NO. 305/2015 OF TANUR POLICE STATION , MALAPPURAM ----------------- PETITIONERS/ACCUSED:

------------------------------------

1. MOHAMMED RAFI, AGED 32 YEARS, S/O.CHERIYA BAVA, KOYAMUVINTE PURAKKAL UNNIYAL, P.O NIRAMARUTHUR, TIRUR TALUK, MALAPPURAM DISTRICT.

2. AYISHAKKUTTY, AGED 68 YEARS, W/O.CHERIYA BAVA, KOYAMUVINTE PURAKKAL UNNIYAL, P.O NIRAMARUTHUR, TIRUR TALUK, MALAPPURAM DISTRICT.

3. NAZEERA, AGED 35 YEARS, W/O.NASAR, KOYAMUVINTE PURAKKAL UNNIYAL, P.O NIRAMARUTHUR, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT/STATE:

------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGHC OURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K. ABRAHAM MATHEW, J.

==================== B.A.No. 1440 of 2015 ............................................... Dated this the 11th day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioners are alleged to have committed the offences under section 452, 354, 324, and 506(i) read with section 34 IPC. The prosecution case is that they trespassed into the first informant's house outraged her modesty, threatened her and assaulted her.

3. Heard.

4. The petitioners are mother-in-law, brother-in-law and sister-in-law of the first informant. It is stated that there have been disputes in the family. The prosecution has no case that the first informant sustained any serious injuries. Custodial interrogation of the petitioners is not necessary for effective investigation.

In the result, this application is allowed.

1) The petitioners will be released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each two solvent sureties each for the like sum if they are

B.A.No. 1440 of 2015 ::2::

arrested by the Police in connection with this case.

2) They shall appear before the Investigating Officer for interrogation. If they are so required by him in writing.

3) They shall not destroy or tamper with evidence.

4) They shall not get themselves involved in any other criminal cases.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge