← Library
High Court of KeralaBail Appl./2323/2015allowed

Thahir.K.A v. State Of Kerala

2015-06-12Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937 Bail Appl..No. 2323 of 2015 ------------------------------------------- CRIME NO. 275/2015 OF WADAKKANCHERY POLICE STATION, THRISSUR DISTRICT ------------------ PETITIONER(S)/ACCUSED :

----------------------------------------- THAHIR.K.A., AGED 26 YEARS, S/O. LATE ABDUL RAHIM, KAIPULLIYIL HOUSE, POST KOTTAPPURAM, MANGAD, ERUMAPETTY, THRISSUR DISTRICT.

BY ADV. SRI.R.SREEHARI RESPONDENT(S)/COMPLAINANT AND DEFACTO COMPLAINANT : ------------------------------------------------------------------------------------------------

1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE, WADAKKANCHERY POLICE STATION, WADAKKANCHERY, THRISSUR DISTRICT.

2. NAJMA NASSER, W/O. NASSER, KAIPULLIYIL HOUSE, KURANCHERY, MINALUR POST, THRISSUR DISTRICT, PIN- 680 581. R1 BY PUBLIC PROSECUTOR SRI.JUSTIN JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

==================== B.A.No. 2323 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner is alleged to have committed the offences under sections 448, 354, 323, 295(b), 506(i) and 447 IPC . The prosecution case is that he trespassed into the property of the victim, uttered obscene words, threatened to cause her death and outraged her modesty by tearing off her nightie.

3. Heard.

4. The first informant did not sustain any injuries. No weapon was used. The allegations are not serious. So, I am inclined to grant his prayer.

In the result, this application is allowed.

1) The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.

2) He shall appear before the Investigating Officer for

B.A.No. 2323 of 2015 ::2::

interrogation if he is so required by him in writing.

3) He shall not destroy or tamper with evidence.

4) He shall not get himself involved in any other criminal case while he is on bail.

5) He shall not intimidate or attempt to influence the witnesses.

6) He shall not harass the de facto complainant or her relatives.

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