Mohammed v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 Bail Appl..No. 2891 of 2015 ------------------------------------- CRIME NO. 915/2014 OF NADAKKAVU POLICE STATION , KOZHIKODE -------------------- PETITIONER(S)/ACCUSED:-:

------------------------------------ MOHAMMED, AGED 44 YEARS, S/O.LATE KUNHABDULLA HAJI, MADATHIL HOUSE, PULIYANAMBROM P.O., PERINGATHOOR, THALASSERY, KANNUR.

BY ADV. SRI.V.S.SHIRAZ BAVA RESPONDENT(S)/STATE-:

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

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.2891 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

The first petitioner is the husband of the first informant. The prosecution case is that before their marriage the first informant had entrusted to him certain gold ornaments for pledging and he pledged the ornaments in his name and failed to redeem them and thus committed the offences under Sections 406, 420, 465 and 468 of Indian Penal Code.

3.

Heard.

4.

When the transaction took place the petitioner and the first informant were not husband and wife. But later they got married. Having regard to these facts I am inclined to grant the prayer of the petitioner for anticipatory bail.

In the result, this application is allowed.

1.

The petitioner shall be released on bail after interrogation on his executing a bond for Rs.Twenty five thousand only with two solvent sureties each for the like

B.A. No.2891 of 2015 sum if he is arrested by the Police in connection with this case.

2. He shall appear before the Investigating Officer for interrogation if he is so required by him in writing.

3. He shall not destroy or tamper with evidence. 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 R.AV //True Copy// PA to Judge