Rashid.K v. State

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 Bail Appl..No. 3044 of 2015 ---------------------------------------- CRIME NO. 503 OF 2015 OF HOSDURG POLICE STATION , KASARGOD DISTRICT ------------------ PETITIONER(S)/ACCUSED NOS 1 TO 4 :

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1. RASHID.K., AGED 31 YEARS, S/O.KUNHABDULLA, KOOLIKKAD HOUSE, CHITHARI, KASARAGOD DISTRICT.

2. KUNHIPATHU @ FATHIMA.C.K., AGED 31 YEARS, W/O.KUNHABDULLA(LATE), KOOLIKKAD VILLAGE, CHITHARI, KASARAGOD DISTRICT.

3. AFSATH.K., AGED 35 YEARS, W/O.KALID.C., HOSDURG BEACH, HOSDURG, P.O.KANHANGAD, KASARAGOD DISTRICT.

4. KHALID.C., AGED 44 YEARS, S/O.MUHAMMED, HOSDURG BEACH, HOSDURG, P.O.KANHANGAD, KASARAGOD DISTRICT.

BY ADV. SRI.K.P.HARISH RESPONDENT(S)/COMPLAINANT & STATE :

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

2. THE STATION HOUSE OFFICER, (CRIME NO.503 OF 2015 OF HOSDURG POLICE STATION), KASARGOD DISTRICT-671 121.

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.3044 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C 2.

First petitioner is the husband of the victim and the other petitioners are his close relatives. They are alleged to have committed the offences under sections 341, 323, 324, 498(A) read with Section 34 of Indian Penal Code.

3.

According to the prosecution they wrongfully restrained the victim assaulted her and subjected her to cruelty.

4.

Heard.

5.

The victim sustained only minor injuries. The possibility of restoration of peace to the family cannot be ruled out. So I am inclined to grant the prayer of the petitioners for anticipatory bail.

In the result, this application is allowed.

1.

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

B.A. No.3044 of 2015 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 appear before the investigating officer between 10 a.m to 11 a.m on every Wednesday for four months or till the final report is filed whichever is earlier. 4.

They shall not get themselves involved in any other criminal case while they are on bail.

5.

They shall not intimidate or attempt to influence the witnesses.

6.

They 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 law.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge