Ammad v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 23RD DAY OF JUNE 2015/2ND ASHADHA, 1937 Bail Appl..No. 3485 of 2015 () ------------------------------- CRIME NO. 410/2015 OF PERAMBRA POLICE STATION, KOZHIKODE ---------------- PETITIONERS/ACCUSED 2 AND 3 :

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1. AMMAD, S/O.MOOSA, AGED 66 YEARS, PALIYAD VEETIL, ERAVATTOOR POST, PERAMBRA KOZHIKODE DISTRICT.

2. PATHU, W/O.AMMAD PALIYAD VEETIL, ERAVATTOOR POST, PERAMBRA KOZHIKODE DISTRICT.

BY ADV. SRI.K.P.SUDHEER RESPONDENT/COMPLAINANT :

------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTINGSUB INSPECTOR OF POLICE PERAMBRA POLICE STATION, KOZHIKODE DISTRICT PIN-673 525.

BY PUBLIC PROSECUTOR SRI. P.S. ABDUL KAREEM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

K. ABRAHAM MATHEW, J.

==================== B.A.No. 3485 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioners are alleged to have committed the offences under Sections 498A, 406, 511 and 376 of Indian Penal Code. They are parents-in-law of the first informant. The prosecution case is that they along with their son who is the husband of the first informant subjected her to cruelty, misappropriated her ornaments and the first petitioner father-in-law attempted to commit rape on her.

3.

Heard.

4.

It appears that there was some dispute in the family which has resulted in registration of this case. The first petitioner is aged 66 years and the second petitioner 59 years. The facts and circumstances of the case, incline me to grant the prayer for anticipatory bail.

In the result, this application is allowed.

1)The petitioners will be released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in

B.A.No. 3485 of 2015 ::2::

connection with this case.

2)The petitioners shall surrender their passports before the lower concerned or if they do not have one, they shall file affidavits to that effect within five days of their release.

3)They shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

4)They shall not intimidate or attempt to influence the witnesses.

5)They shall not destroy or tamper with evidence. 6)They shall appear before the Investigating Officer for interrogation if they are so required by him in writing. 7)They shall not get themselves involved in any other criminal case while they are on bail.

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