Muhammed Rishad.K v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 Bail Appl..No. 3667 of 2015 () ------------------------------- CRIME NO. NOT KNOWN OF MATTANCHERY POLICE STATION, ERNAKULAM DISTRICT ----------------- PETITIONER :

--------------------- MUHAMMAD RISHAD K., KENIKKAL HOUSE, VELLAMUNDA POST WAYANAD DISTRICT.

BY ADVS.SRI.P.K.VARGHESE SRI.P.T.MANOJ RESPONDENT/COMPLAINANT :

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

BY PUBLIC PROSECUTOR SMT. REMA R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

==================== - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is said to have committed the offences under Sections 420, 465, 506, 471, 119(b) of Kerala Police Act. The prosecution case is this the first informant has only one daughter. The petitioner threatened her into accompanying her to Chennai where with the assistance of a person who claimed to be an Advocate certain false documents were created, on the basis of which a false marriage certificate also was created showing that the marriage between himself and the daughter of the first informant was solemnized. The intention of the petitioner was to grab the property of the victim.

3.

Heard.

4.

The petitioner has produced certain documents which are said to be the communications sent by the victim to him through electronic media. He has also produced certain photographs showing that he and the victim had a close

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relationship. In one of the communications, the victim has told him that she was compelled to give a statement to the police against him. I think this is a fit case to grant anticipatory bail. In the result, this application is allowed.

1)The petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only)with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.

2)The petitioner shall surrender his passport before the lower court concerned or if he does not have one, he shall file an affidavit to that effect within five days of his release.

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

4)He shall appear before the Investigating Officer between 10 a.m. and 11 a.m. every Wednesday for four months or till the final report is filed, whichever is earlier.

5)He shall not intimidate or attempt to influence the witnesses.

6)He shall not destroy or tamper with evidence.

7) He shall not get himself involved in any other criminal case while he is on bail.

If the petitioner surrenders before the Magistrate this

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order is not applicable and the learned Magistrate may pass appropriate orders.

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