Mytheen v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 30TH DAY OF JUNE 2015/9TH ASHADHA, 1937 Bail Appl..No. 3619 of 2015 () ------------------------------- CRIME NO. 613/2015 OF ADIMALY POLICE STATION, IDUKKI ------------- PETITIONERS/ACCUSED 1 TO 4 :
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1. MYTHEEN, AGED 47 YEARS, S/O. KUNJUMUHAMMED, KALLUVEETKUZHIYIL VEEDU, MANNAMKALA, MANNAMKANDAM VILLAGE, ADIMALI IDUKKI DISTRICT.
2. FARHATH, AGED 42 YEARS, W/O. MYTHEEN, MALLUVEETKUZHIYIL VEEDU, MANNAKANADAM VILLAGE, ADIMALI, IDUKKI DISTRICT.
3. SABI, AGED 19 YEARS D/O. MYTHEEN, PANATHALAKKADU, MANNAMKALA, MANNAMKANDAM VILLAGE, ADIMALI, IDUKKI DISTRICT.
4. SHAMEER, AGED 24 YEARS, S/O. SHAMSUDEEN, PANATHALAKKADU, MANNAMKALA MANNAMKANDAM VILAGE, ADIMALI, IDUKKI DISTRICT. BY ADVS.SRI.SUMAN CHAKRAVARTHY SMT.BREJITHA UNNIKRISHNAN RESPONDENT :
--------------------- STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.
BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
K.ABRAHAM MATHEW, J ----------------------------- B.A.No.3619 OF 2015 ----------------------------- Dated this the 30th day of June, 2015
O R D E R
----------- Petition filed under Section 438 Cr.P.C.
2.
The prosecution case is that suppressing the earlier marriage the first petitioner married the first informant and later he assaulted her and all the petitioners subjected her to cruelty and thus committed the offences under Sections 323, 451, 495, 498A and 506 of Indian Penal Code.
3.
Heard.
4.
The parties are Muslims. The petitioners' case is that the first Petitioner has not married the first informant. Whatever may be the truth, it appears that the offences alleged to have been committed by the petitioners are not very serious. Their detention is not necessary for effective investigation.
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/-
B.A.No.3619 OF 2015 (Rupees Twenty five thousand only) each with two solvent sureties for the like sum each if they are arrested by the police in connection with this case.
2.
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. 3.
They shall not get themselves involved in any other criminal case while they are on bail.
4.
They shall not intimidate or attempt to influence the witnesses.
5.
They shall not destroy or tamper with evidence. 6.
They shall not communicate or contact the victim In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law.
If the petitioners surrender before the magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.
sd/- K. ABRAHAM MATHEW JUDGE R.AV