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High Court of KeralaBail Appl./3862/2015allowed

Muhammed Thaha v. State Of Kerala

2015-07-07Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 Bail Appl..No. 3862 of 2015 () ------------------------------- CRIME NO. 810/2015 OF KADAKKAL POLICE STATION, KOLLAM DISTRICT ---------------- PETITIONERS/ACCUSED :

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1. MUHAMED THAHA, S/O.MUHAMED ISMAYIL, AGED 38 YEARS PARANKIMAMVILA VEEDU, MELLAKADU KOTTUCKAL P.O., KOLLAM DISTRICT.

2. JASEELA, W/O.MUHAMED THAHA, AGED 34 YEARS PARANKIMAMVILA VEEDU, MALLAKADU KOTTUCKAL P.O., KOLLAM DISTRICT.

3. YAHIYA D., S/O.DAVOODU, AGED 53 YEARS ASIYA MANZIL, CHERUKULAM P.O.

CHUNDA, NOW RESIDING AT A.J.MANZIL, ALAYIL NILAMEL P.O., NILAMEL VILLAGE, KOLLAM DISTRICT.

4. ANIL KUMAR, S/O.VISWAMBARAN, AGED 39 YEARS ANIL VILASAM, KOTTUKKAL P.O.

KOLLAM DISTRICT.

5. JAYAPRAKASH, S/O.VISWAROOPAN, AGED 40 YEARS LATHIKA VILASAM, KOTTUKKAL P.O.

ANCHAL, KOLLAM DISTRICT.

BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS/STATE AND COMPLAINANT :

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1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM -31.

2. THE SUB INSPECTOR OF POLICE KADAKKAL POLICE STATION, KOLLAM DISTRICT-691 001. R1 & R2 BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.3862 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioners have allegedly committed the offences under Sections 143, 147, 149, 452, 354 & 427 of Indian Penal Code.

3.

The prosecution case is that they trespassed into the victim's house and outraged her modesty and committed mischief.

4.

Heard.

5.

The police have registered a case against the victim and others also. The allegations against the petitioners do not appear to be very serious. 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

B.A. No.3862 of 2015 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 first and fourth Saturdays 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. 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 //True Copy// PA to Judge