Muhammed Izudheen v. Sho Taliparamba

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 13TH DAY OF AUGUST 2015/22ND SRAVANA, 1937 Bail Appl.No. 4782 of 2015 ------------------------------------- CRIME NO. 1089/2015 OF THALIPARAMBA POLICE STATION, KANNUR ........

PETITIONER(S)/ACCUSED:

-------------------------------------- MUHAMMED IZUDHEEN, AGED 34 YEARS S/O. ABDULLA, KURUVAKANDATHIL HOUSE, PAPPINISSERY P.O., PAPPINISSERY AMSOM, KANNUR BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.K.ASHIS RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ SHO TALIPARAMBA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K.ABRAHAM MATHEW, J.

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Dated this the 13th day of August, 2015

ORDER

Petition filed under Section 438 Cr.P.C.

2.Petitioner is the 1st accused in Crime No. 1089 of 2015 of the Taliparamba Police Station registered for the offences under Section 498 A of the Indian Penal Code. The victim is his wife. The prosecution allegation is that he subjected her to cruelty. 3.Heard both sides.

4.The prosecution has no case that the victim sustained any serious injuries. The marriage between the victim and the petitioner was solemnised in February, 2014 only. It appears that bringing back harmony to the family is not impossible. So I am inclined to grant the prayer of the petitioner. 5.In the result, this application is allowed.

1) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only)with two solvent sureties each for the like sum if he is arrested

by the Police in connection with this case.

2)He 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 for interrogation if he is so required by him in writing.

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

6)He shall not destroy or tamper with evidence. 7)He shall not attempt to contact or communicate with the victim.

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

9)He shall not harass the de facto complainant or her relatives.

If the petitioner surrenders 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 AMV/13/08/ /TRUE COPY/ P.A.TO JUDGE