Abdul Rasheed v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 Bail Appl..No. 6313 of 2014 () ------------------------------- CRIME NO. 1009/2014 OF GURUVAYOOR POLICE STATION , THRISSUR DISTRICT ---------------------- PETITIONER/ACCUSED:
-------------------------------------- ABDUL RASHEED, AGED 50 YEARS, S/O.N.M.KHADER, NALAKATH HOUSE, P.O.ARIKANNIYOOR, THRISSUR DISTRICT.
BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT/STATE:
------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K. ABRAHAM MATHEW, J.
---------------------- B.A. No.6313 of 2014 -------------------------------------------- Dated this the 11th day of August 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioner is accused in Crime No.1009 of 2014 of Guruvayoor Police station registered for the offences under Secs.306 and 498A of the Indian Penal Code. The prosecution case is that he subjected his wife to cruelty demanding more dowry, as a result of which, she committed suicide.
3. Heard both sides.
4. It is doubtful whether Sec.306 IPC will be attracted. The petitioner and the victim had been married for 20 years. The incident happened in June 2014. The victim did not leave behind any suicide note. It appears that detention of the petitioner is not necessary for effective investigation. So I am inclined to grant the prayer of the petitioner.
In the result, the bail application is allowed.
1) The petitioner shall be released on bail
B.A. No.6313 of 2014 2 after interrogation on his executing a bond for Rs.1,00,000/-(Rupees one lakh 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 appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every alternate Wednesdays for two months or till the final report is filed, whichever is earlier.
3) He shall surrender his passport before the lower court concerned or if he does not have the one, file an affidavit to that effect.
4) He shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.
5) He shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.
6) He shall not intimidate or attempt to
B.A. No.6313 of 2014 3 influence the witnesses.
7) He shall co-operate with investigation of the case.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
If the petitioner surrenders before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge