Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE31T DAY OF OCTOBER20139TH KARTHIKA, 1935 Bail Appl..No. 7148 of 2013 () ------------------------------- CRIME NO. 1475/2013 OF CHAVARA POLICE STATION , KOLLAM PETITIONERS/ACCUSED A1TO6 ----------------------------- 1. NOUSHAD AGED32YEARS S/O.MUHAMMAD KUNJU, THARAYIL PUTHEN VEEDU, MAVELI MURI PANMANA VILLAGE, KARUNAGPPALLY THALUK, KOLLAM DISTRICT2 MUHAMMAD KUNJU AGED75YEARS THARAYIL PUTHEN VEEDU, MAVELI MURI, PANMANA VILLAGE KARUNAGPPALLY THALUK, KOLLAM DISTRICT3 NADEERA AGED65YEARS W/O.MUHAMMAD KUNJU, THARAYIL PUTHEN VEEDU, MAVELI MURI PANMANA VILLAGE, KARUNAGPPALLY THALUK, KOLLAM DISTRICT4 SULFATH W/O.IBRAHIM KUTY, SUDHEER MANZIL, PADA-NORTH KARUNAGAPPALLY VILLAGE, KARUNAGAPPALLY THALUK KOLLAM DISTRICT5 NAZAR AGED54YEARS S/O.MUHAMMAD KUNJU, KOONATHARA PADEETTATHIL MAVELI MURI, PANMANA VILLAGE, KARUNAGAPPALLY THALUK KOLLAM DISTRICT6 SUDHEER KHAN AGED22YEARS S/O.IBRAHIM KUTTY, SUDHEER MANZIL, PADA-NORTH KARUNAGAPPALLY VILLAGE, KARUNAGAPPALLY THALUK KOLLAM DISTRICT BY ADV. SRI.P.V.DILEEP RESPONDENT/COMPLAINANT(S): -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR:ADV ROY THOMAS THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON3110-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J.
========================= B.A.No.7148 of 2013 ============================ Dated this the 31st day of October, 2013 ORDER
Petitioners are accused 1 to 6, in Crime No.1475 of 2013 of the Chavara Police Station for the offences punishable under Secs.498A and 323 r/w Sec.34 of the Indian Penal Code for allegedly subjecting the de facto complainant to cruelty and assaulting her physically as well, demanding more ornaments.
2. Learned counsel submits that the allegations are false.
3. Learned Public Prosecutor asserted that the petitioners are involved in the incident.
4. On going through the CD file, I find that some overt acts are attributed to the petitioners 1 and 5. Having regard to the nature of allegations, I am inclined to grant relief to the petitioners but subject to conditions. Resultantly this application is disposed of as under: (I) It is directed that in case the petitioners 2 to 4 and 6 are arrested in Crime No.1475 of 2013 of the Chavara Police Station, they shall be released on bail on their executing bond for `10,000/- (Rupees Ten Thousand Only) each with two sureties each for the like sum each before the arresting officer and subject to the following conditions: B.A.No.7148 of 2013 2 (a) Petitioners shall report to the Investigating Officer as and when required for interrogation. (b) Petitioners shall not influence or intimidate the witnesses in the case. (II) Petitioners 1 and 5 shall appear before the officer investigating Crime No.1475 of 2013 of the Chavara Police Station on 07.11.2013 at 10 a.m for interrogation. (III) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioners on other day/days and time as may be specified by him which the petitioners shall comply. (IV) In case the petitioners 1 and 5 are arrested, they shall be produced before the jurisdictional magistrate the same day. (V) On such production, learned magistrate shall release the petitioners 1 and 5 on bail (if not required to be detained otherwise) on their executing bond for `10,000/- (Rupees Twenty Five Thousand Only) each with two sureties each for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: (a) Petitioners 1 and 5 shall report to the Investigating Officer as and when required for interrogation. (b) Petitioners 1 and 5 shall not influence or intimidate the B.A.No.7148 of 2013 3 witnesses in the case. (VI) In case the petitioners violate any of the above conditions, it is open to the investigating officer to move the jurisdictional magistrate for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC100. Sd/- THOMAS P.JOSEPH, JUDGE. Sbna True Copy P A to Judge