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Hyrunnisa Vs. State of Kerala - Court Judgment

SooperKanoon Citation

Court

Kerala High Court

Decided On

Judge

Appellant

Hyrunnisa

Respondent

State of Kerala

Excerpt:


.....by the petitioner, shall release her on bail on her executing bond for a sum of rs.15,000/- (rupees fifteen thousand only) with two solvent sureties for the like sum each to the satisfaction of the court concerned. ii) the court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts produced by them. iii) the petitioner shall report before the investigating officer on every wednesday between 9 a.m and 10 a.m until further orders. iv) the petitioner shall surrender her passport before the court concerned and if does not possess a valid b.a.no.6776/2013 3 passport, an affidavit to that effect shall be filed before the court concerned. v) the petitioner shall not leave the state of kerala without prior permission of the court concerned. vi) the petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. vii) if any of the condition is violated, the bail granted shall stand cancelled and the court concerned, on being satisfied of the said fact, may take such steps as are available to it in law. sd/- p.bhavadasan judge smp // true copy // p.a.to judge.

Judgment:


IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE28H DAY OF OCTOBER20136TH KARTHIKA, 1935 Bail Appl..No. 6776 of 2013 (C) ------------------------------- CRIME NO. 1431/2013 OF KILIKOLLOOR POLICE STATION , KOLLAM --------- PETITONER/ ACCUSED NO4 ----------------------------------------- HYRUNNISA, AGED60YEARS W/O ABDUL MANAF, RAHIYANATH MANZIL NEAR PUTHUSSERIKULAM, PARAVOOR CHERRY KOTTAMKARA VILLAGE BY ADV. SRI.C.RAJENDRAN RESPONDENT/ COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR: SMT. P. MAYA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2810-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SB P.BHAVADASAN, J.

--------------------------------------- Bail Application No.6776 OF2013--------------------------------------- Dated this the 28th day of October, 2013. ORDER

The petitioner is the 4th accused in Crime No.1431/2013 of Kilikolloor Police Station who is alleged to have committed the offences punishable under Sections 120B, 417, 420, 366, 341, 343, 323, 506(I), 354, 511 of 376, 109 read with Section 34 of Indian Penal Code and Section 10 read with Section 24(b)(g) of Emigration Act and Sections 4, 5 and 6 of Immoral Traffic (Prevention) Act.

2. This Court is relieved of the burden of going into the details of the case for the simple reason that the said exercise has already been undertaken by this Court while disposing of B.A.No.6573/2013 filed by accused Nos.1 to 3 by order dated 21.10.2013 granting bail to the petitioners therein. The role of the petitioner herein is only that she happened to be the mother of the 1st accused. B.A.No.6776/2013 2 3. After having considered the matter in detail, it is felt that this is a fit case where extra ordinary jurisdiction of this Court needs to be exercised in favour of the petitioner. Therefore, the application is allowed on the following conditions: i) The petitioner shall surrender before the Investigating Officer on or before 04.11.2013 who, after interrogation, shall produce her before the Court concerned, which court, on application for bail being moved by the petitioner, shall release her on bail on her executing bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties for the like sum each to the satisfaction of the Court concerned. ii) The Court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts produced by them. iii) The petitioner shall report before the Investigating Officer on every Wednesday between 9 a.m and 10 a.m until further orders. iv) The petitioner shall surrender her passport before the Court concerned and if does not possess a valid B.A.No.6776/2013 3 passport, an affidavit to that effect shall be filed before the Court concerned. v) The petitioner shall not leave the State of Kerala without prior permission of the Court concerned. vi) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. vii) If any of the condition is violated, the bail granted shall stand cancelled and the Court concerned, on being satisfied of the said fact, may take such steps as are available to it in law. Sd/- P.BHAVADASAN JUDGE smp // True Copy // P.A.to Judge.


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