Muhamed Naseema Nazar v. Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937Q Bail Appl..No. 6616 of 2015 () ------------------------------- CRIME NO. 712/2015 OF CHITTUR POLICE STATION,PALAKKAD DISTRICT ----------------------- PETITIONER/ACCUSED:

------------------------------------- MUHAMED NASEEMA NAZAR, AGED 23 YEARS, S/O.ABDUL NAZER, 'NAZ', PALLIKKUNI, OLAVILA, THALASSERY, KANNUR.

BY ADVS.SRI.CIBI THOMAS SRI.P.NANDAKUMAR (CLT) RESPONDENTS/COMPLAINANT/STATE:

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1. SUB INSPECTOR OF POLICE, CHITTUR POLICE STATION, PALAKKAD DISTRICT-678 101.

2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A.HARIPRASAD, J.

-------------------------------------- B.A. No.6616 of 2015 -------------------------------------- Dated this the 26th day of October, 2015

ORDER

Application for bail under Section 439 of the Code of Criminal Procedure.

2.

Petitioner is the husband of the defacto complainant in Crime No.712 of 2015 of Chittur Police Station registered for offences punishable under Sections 342, 323, 308, 506(i) and 498A read with section 34 of the Indian Penal Code.

3.

Admittedly the petitioner married the defacto complainant. After marriage, it is alleged that he treated the defacto complainant with cruelty. Case of the prosecution is that he stamped on the abdomen of the defacto complainant at the time when she was pregnant and other acts of cruelty were also meted out. He was arrested on 17.09.2015. 4.

Heard both sides.

5.

Learned Prosecutor opposed the bail application. Considering the number of days in custody and the stage of investigation, bail is granted to the petitioner with the following conditions:

BA No.6616 of 2015 i.

Petitioner shall be released on bail on executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

ii.

The sureties shall produce documents to establish their identity and solvency.

iii.

The petitioner shall appear before the Investigating Officer on all Sundays between 10.00 and 11.00 a.m until final report is filed.

iv.

He shall surrender his passport forthwith. If he does not have a passport, he shall file an affidavit swearing to that fact and submit it before the learned Magistrate having jurisdiction. v.

He shall not leave the limits of the State of Kerala without the permission of the learned Magistrate having jurisdiction for a period of three months from today.

vi.

The petitioner shall not indulge in any offence while on bail.

vii.

The petitioner shall not influence or intimidate the witnesses or meddle with the investigation in any manner. If any of the above conditions is breached by the petitioner,

BA No.6616 of 2015 the lower court concerned is free to cancel bail without referring the matter to this Court.

Sd/- A. HARIPRASAD, JUDGE.

//True copy// P.S to Judge cks