Vakayil Rafeeque v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 Bail Appl..No. 7046 of 2014 () ------------------------------- CRIME NO. 693/2014 OF VALANCHERY POLICE STATION, MALAPPURAM DISTRICT ------------ APPLICANTS/ACCUSED :
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1. VAKAYIL RAFEEQUE, AGED 33 YEARS, S/O KUNHEEN HAJI, VAKAYIL HOUSE, VADAKKUMPURAM AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT.
2. ABDUL GAFOOR, AGED 48 YEARS, S/O MUHAMMED MASTER, V.T.HOUSE, THIRUKAD P.O., MALAPPURAM DISTRICT.
3. MOHAMMED BASHEER THOTTUNGAL, AGED 42 YEARS, S/O RUKHIYA THOTTUNGAL, THOTTUNGAL HOUSE, KARUVAMBALAM PO, MALAPPURAM DISTRICT.
4. RAVEENDRAN, AGED 43 YEARS, S/O JANAKI KOVILAMMA, MADATHIL MANA HOUSE, KEEZHAYOOR,PATTAMBI-PO, PALAKKAD DISTRICT.
BY ADVS.SRI.P.VENUGOPAL (1086/92) SMT.T.J.MARIA GORETTI RESPONDENT/COMPLAINANT :
-------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
(REPRESENTING S.I. OF POLICE VALANCHERY POLICE STATION-CRIME NO.693/2014) BY PUBLIC PROSECUTOR SRI.N. SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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B.SUDHEENDRA KUMAR, J.
- - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - Bail Application No.7046 of 2014 A - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of June 2015
O R D E R
The petitioners are the accused in Crime No.693/2014 of Valanchery police station registered under Sections 193, 208, 209, 210, 465, 468, 471 and 120(b) read with Section 34 I.P.C.
2. The allegation of the prosecution can be briefly stated thus:- The petitioners produced forged documents before the Munsiff's Court, Tirur in O.S. No.152 of 2014 and thereby cheated the defacto complainant. The petitioners have filed this application praying for the relief under Section 438 Cr.P.C.
3. Heard.
BA.7046/2014
4. The learned Public Prosecutor has no serious objection in allowing the application.
5. It appears that the subject matter of dispute in this case is under consideration by the Munsiff's Court, Tirur. Since the matter is subjudice before the Munsiff's Court, Tirur, I am of the view that it is just and proper to grant the relief under Section 438 Cr.P.C. in favour of the petitioners In the result, this application stands allowed and the respondent is directed to release the petitioners on bail in the event of their arrest in connection with Crime No.693/2014 of Valanchery police station, on condition of each of the petitioners executing a bond for Rs.30,000/- (Rupees thirty thousand only) each with two solvent sureties each, each for the like sum to the satisfaction of the Sub Inspector of Police, Valanchery Police Station and
BA.7046/2014 subject to the following further conditions:
(i) The petitioners shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.
(ii) The petitioners shall not get involved in any offence during the pendency of this case. (iii) The petitioners shall not intimidate or influence the witnesses or in any way tamper with the investigation.
sd/ B.SUDHEENDRA KUMAR, JUDGE dl // TRUE COPY // /PA TO JUDGE /