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High Court of KeralaBail Appl./7098/2015allowed

Shuhaib v. State Of Kerala

2015-11-17Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 Bail Appl..No. 7098 of 2015 () ------------------------------- CRIME NO. 1220/2015 OF KADIRUR POLICE STATION, KANNUR DISTRICT --------------------- PETITIONER/1ST ACCUSED :

------------------------------------------ SHUHAIB S/O.DIRAR HAJI, AGED 23 YEARS NIDAS HOUSE, KADIRUR AMSOM PULLIOD DESOM, THALASSERY TALUK.

BY ADVS.SRI.K.SIJU SMT.S.SEETHA RESPONDENT :

----------------------- STATE OF KERALA THROUGH THE S.I. OF POLICE KADIRUR POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

------------------------------------------------ B.A No.7098 of 2015 ------------------------------------------------ Dated this the 17th day of November, 2015.

O R D E R

Application for pre-arrest bail under Section 438 Cr.P.C. 2.

Petitioner is the first accused in Crime No.1220 of 2015 of Kadirur Police Station registered for offences punishable under Sections 498(A) and 406 r/w Section 34 I.P.C. The case was registered on the basis of a private complaint. 3.

Prosecution case, in short, is that after marriage the defacto complainant (wife of the petitioner) was treated cruelly by the petitioner and other accused persons.

4.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5.

Considering the nature of allegations, I find that bail can be granted to the petitioner with following directions :

1. Petitioner shall surrender before the investigating officer within a period of two weeks from today and submit himself for interrogation. In that event, he shall be released on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the

B.A No.7098 of 2015 2 like sum to the satisfaction of the Investigating Officer.

2.

The sureties shall produce documents to establish their identity and solvency. The Investigating Officer need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

3 Petitioner shall appear before the Investigating Officer as and when directed.

4. Petitioner shall not influence or intimidate witnesses.

5. If any of the above conditions is violated by the petitioner, the learned Magistrate having jurisdiction is free to cancel the bail.

Sd/- A.HARIPRASAD, JUDGE.

amk //True copy// P.A to Judge