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High Court of KeralaBail Appl./1742/2015allowed

Muhammed Rameez v. State Of Kerala

2015-03-30Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 Bail Appl.No. 1742 of 2015 ----------------------------------- CRIME NO. 442/2015 OF THALIPARAMBA POLICE STATION, KANNUR ......

PETITIONER(S)/ACCUSED:

-------------------------------------- MUHAMMED RAMEEZ C., AGED 22, S/O.ABU, CHULLIYODAN HOUSE, UNDAPARAMBA, P.O. TALIPARAMBA, TALIPARAMBA TALUK, KANNUR DT. BY ADV. SRI.P.NARAYANAN RESPONDENT(S):

------------------------- STATE OF KERALA, THROUGH STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.SREEJITH V.S.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` B.A. No.1742 of 2015 ````````````````````````````````````````````````````````````` Dated this the 30th day of March, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.442/2015 of Taliparamba Police Station registered for the offence punishable under Section 306 IPC.

3.

On 11.03.2015 at 1.00 a.m. one Sadiya aged 19 committed suicide by hanging on the ceiling fan inside her bedroom. The allegation against the petitioner is that he was in love with the girl and he gave her a promise of marriage and later, he conveyed his unwillingness to marry her and retracted from his promise. The petitioner has been in custody for the period from 12.03.2015 onwards. 4.

Heard learned counsel for the petitioner and the learned Public Prosecutor.

5.

No criminal antecedents have been reported

BA.1742/2015 : 2 :

against the petitioner. At this stage, from the records, I do not find sufficient materials to invite an offence under Section 306 IPC in the matter. Considering the facts and circumstances of this case and having regard to the period undergone by the petitioner in custody and the present stage of investigation, I am satisfied that the petitioner can be enlarged on bail.

6.

In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `25,000/- (Rupees twenty five thousand 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) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays commencing from 06.04.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.

(ii) The petitioner shall not tamper with the evidence or influence witnesses.

BA.1742/2015 : 3 :

(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.

(iv) 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/30/03 // True Copy // PA to Judge