Mohammad Koya Haji v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 Bail Appl..No.2409 of 2015 ------------------------------------- CRIME NO.234/2015 OF SREEKRISHNAPURAM POLICE STATION,PALAKKAD. ..

PETITIONER/2ND ACCUSED:

----------------------------------------- MOHAMMAD KOYA HAJI,AGED 60 YEARS, S/O.ALIYAMMU,THAZHETHATHIL VEEDU, MANNAMPATTA,ESWARAMANGALAM, SREEKRISHNAPURAM,PALAKKAD BY ADVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENTS/STATE AND COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682 031.

2.

THE STATION HOUSE OFFICER, SREEKRISHNAPURAM POLICE STATION, PALAKKAD DISTRICT-679513.

BY PUBLIC PROSECUTOR SMT.LALIZA T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

--------------------------------------- B.A. No. 2409 of 2015 ---------------------------------------- Dated this the 12th day of May, 2015

ORDER

Petition filed under Section 438 Cr.P.C.

2. Petitioner is the father-in-law of the victim. He along with the co-accused are alleged to have committed the offences under Sections 406, 420 and 498 A IPC. It is alleged that they assaulted the victim and misappropriated her properties.

3. Heard. The attempt of the court should be to restore harmony to the family. If the petitioner happens to be detained in jail, the chances of settlement will be ruined. So I am inclined to grant the 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. 2409 of 2015 interrogation if he is so required by him in writing.

3) He shall not destroy or tamper with evidence.

4) He shall not harass the de facto complainant. In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

K. ABRAHAM MATHEW JUDGE DMR/-