Althaf K.a Vs. the State of Kerala

Althaf K.a vs The State of Kerala

Type Court Judgment Court Kerala Decided Jul 17, 2014

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https://sooperkanoon.com/case/1157072

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Citation: sooperkanoon.com/1157072
Court: Kerala High Court
Judge: Honourable Mr.Justice Thomas P.Joseph
Decided On: Jul 17, 2014
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Althaf K.a

Respondent

The State of Kerala

Excerpt

.....misappropriated her properties.2. heard the learned counsel for the petitioners and the learned public prosecutor.3. the marriage between the first petitioner and the first informant was solemnised on 09.07.2009. they have one child. the prosecution has no case that the first informant sustained any serious injury. it appears that reunion is not impossible. if the petitioners happen to be detained reunion may not be possible. so i am inclined to b.a. no.4927 of 2014 -2- grant their prayer. in the result, this petition is allowed. 1) the petitioners shall be released on bail on their executing a bond for rs.25,000/- (rupees twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the police in connection with this case. 2) they shall appear before the investigating officer for interrogation if they are so required by him in writing. 3) they shall not destroy or tamper with evidence. 4) they shall not harass the defacto complainant or her relatives. 5) this order is not applicable if the petitioners choose to surrender before the magistrate concerned and in such case the learned magistrate may take appropriate action in accordance with the law. sd/- k. abraham mathew judge //true copy// p.a. to judge shg/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE17H DAY OF JULY201426TH ASHADHA, 1936 Bail Appl..No. 4927 of 2014 (A) ------------------------------------------ [CRIME NO. 957/2014 OF KALAMASSERY POLICE STATION , ERNAKULAM] ......... PETITIONERS/ACCUSED1TO5 ---------------------------------------------- 1. ALTHAF K.A, S/O. ABDUL SALAM K.M, AGED31YEARS, IV/179, PATHUVANA HOUSE, SOUHREDA NAGAR, KAREPPAI ROAD, KALAMASSERY, KOCHI - 683 104.

2. ABDUL SALAM K.M, S/O. KASIM SAIT, AGED58YEARS, IV/179, PATHUVANA HOUSE, SOUHREDA NAGAR, KAREPPAI ROAD, KALAMASSERY, KOCHI - 683 104.

3. ARIFA BEEVI, W/O. ABDUL SALAM, AGED55YEARS, IV/179, PATHUVANA HOUSE, SOUHREDA NAGAR, KAREPPAI ROAD, KALAMASSERY, KOCHI - 683 104.

4. ROSHNI BAI, W/O. NAZEER HUSSAIN, AGED33YEARS, FLT. NO. A2, V.B COURT APARTMENT, ELAMAKKARA ROAD, KALOOR, KOCHI - 682 018.

5. NAZEER HUSSAIN, S/O. HUSSAIN SAIT,AGED38YEARS, FLT. NO. A2, V.B COURT APARTMENT, ELAMAKKARA ROAD, KALOOR, KOCHI - 682 018. BY ADVS.SRI.C.U.SANGEETH, SMT.AMRITA JAYARAM. RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1707-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.4927 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of July, 2014 ORDER

Petition filed under Section 438 Cr.P.C. The petitioners are accused in crime No.957/2014 of Kalamasseri Police Station, which has been registered for the offences under Sections 323, 403 and 498 A IPC. The first petitioner is the husband of the first informant and petitioners 2 and 3 are his parents and the other petitioners are his close relatives. It is alleged that demanding more dowry, the petitioners assaulted the first informant, subjected her to cruelty and misappropriated her properties.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

3. The marriage between the first petitioner and the first informant was solemnised on 09.07.2009. They have one child. The prosecution has no case that the first informant sustained any serious injury. It appears that reunion is not impossible. If the petitioners happen to be detained reunion may not be possible. So I am inclined to B.A. No.4927 of 2014 -2- grant their prayer. In the result, this petition is allowed. 1) The petitioners shall be released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case. 2) They shall appear before the Investigating Officer for interrogation if they are so required by him in writing. 3) They shall not destroy or tamper with evidence. 4) They shall not harass the defacto complainant or her relatives. 5) This order is not applicable if the petitioners choose to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law. Sd/- K. ABRAHAM MATHEW JUDGE //True copy// P.A. TO JUDGE shg/

Same Court & Year Kerala · 2014 Same Parties Althaf K.a vs The State of Kerala Same Subject Criminal Same Judge Honourable Mr.Justice Thomas P.Joseph