Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 31ST DAY OF DECEMBER 2012 10TH POUSHA 193 Bail Appl..No. 9536 of 2012 () ------------------------------ CRIME NO.3401/2012 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT ------------------------------------------ PETITIONER(S)/ACCUSED NOS.2 TO 5.------------------------------------------------------------ 1. RAHEEM, S/O.ABDULKHADERKUNJU, MEZHUVELIL VEEDU, KADATHOOR, K.S.PURAM.
2. SHIBINA, W/O.RAHEEM, MEZHUVELIL VEEDU, KADATHOOR, K.S.PURAM.
3. SHAHUDHEEN, S/O.ABDULKHADERKUNJU, MEZHUVELIL VEEDU, KADATHOOR, K.S.PURAM.
4. EBRAHIM KUTTY, S/O.ABDULKHADERKUNJU, MEZHUVELIL VEEDU, KADATHOOR,K.S.PURAM. BY ADVS.SRI.K.SIJU SMT.CHITHRA.S.BABU RESPONDENT/COMPLAINANT: -------------------------------------------------- STATE OF KERALA, (THROUGH THE S.I. OF POLICE, KARUNAGAPPALLY POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.BHAVADASAN, J ----------------------------------------- B.A No.9536 of 2012 --------------------------------------------------- Dated this the 31st day of December, 2012 ORDER
The petitioners are accused Nos.2 to 5 in Crime No.3401/2012 of Karunagappally Police Station for having committed offence punishable under Section 498(A), 323 and 34 IPC.
2. The petitioners would say that they are innocent and have been falsely implicated with ulterior motive. According to them, they have not committed any act as alleged.
3. After having heard the learned counsel for the petitioners, the learned Public Prosecutor and after having perused the records, it is felt that extraordinary jurisdiction needs to be exercised in favour of the petitioners. The petition is allowed as follows: i) The petitioners shall surrender before the Investigating Officer on or before 9.1.2013, who after interrogation shall produce them before the JFCM concerned and on applications for bail moved by the petitioners, the learned Magistrate shall release the petitioners on bail on each of them executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the said Court. B.A No.9536 of 2012 :
2. ii) The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail. Iii) The petitioners shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. iv) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. v) If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law. P.BHAVADASAN Judge ab