Hameed.A.M. v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 Bail Appl..No. 3839 of 2015 ---------------------------------------- CRIME NO. 199/2015 OF KASARAGOD POLICE STATION , KASARGOD ----------------- PETITIONER(S)/ACCUSED NO.1,2,4 & 5 :
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1. HAMEED.A.M., AGED 38 YEARS, S/O.MUHAMMED, AMMANGOD HOUSE, POVVAL, MULIYAR POST AND VILLAGE, KASARAGOD TALUK AND DISTRICT.
2. RAZAKH, AGED 29 YEARS, S/O.MUHAMMED, AMMANGOD HOUSE, POOVAL, MULIYAR POST AND VILLAGE, KASARAGOD TALUK AND DISTRICT.
3. AYISHA, AGED 45 YEARS, W/O.ABOOBACKER, RESIDING AT NATTAKKATTU HOUSE, NATTAKKATTU MULIYAR, KASARAGOD DISTRICT.
4. SATO, AGED 35 YEARS, W/O.ABDULLA MUSLIYAR, RESIDING AT AMMANGOD HOUSE, POVVAL, MULIYAR POST AND VILLAGE, KASARAGOD.
BY SRI.S.SREEKUMAR (SENIOR ADVOCATE ) ADVS. SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA RESPONDENT(S)/COMPLAINANT :
--------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K. ABRAHAM MATHEW, J.
==================== B.A.No. 3839 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of July, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2.
Petitioners are accused of having committed the offences under Sections 323, 324, 341, 403, 498A, and 506 IPC. First petitioner is the husband of the victim and the other petitioners are his close relatives. The prosecution case is that they wrongfully restrained the victim, assaulted her misappropriated her properties, subjected her to cruelty and threatened her.
3.
Heard.
4.
It appears that there have been disputes in the family earlier also. The application filed by the victim for maintenance is pending before the court concerned. It appears that custodial interrogation of the petitioners is not necessary for effective investigation.
In the result, this application is allowed.
1)The petitioners shall be released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five thousand
B.A.No.3839 of 2015 ::2::
only) each with two solvent sureties each for the like sum if they are 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 not destroy or tamper with evidence. 4)They shall not harass the de facto complainant or her relatives.
If the petitioners surrender before the Magistrate this 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