Saidhumuhammed Koya Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1133730
CourtKerala High Court
Decided OnMar-14-2014
JudgeHONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
AppellantSaidhumuhammed Koya
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice n.k.balakrishnan friday, the14h day of march201423rd phalguna, 1935 bail appl..no. 1801 of 2014 () ------------------------------- crmc3972014 of sessions court, thrissur crime no. 141/2014 of chelakkara police station, trissur --------------- applicant/accused :- ---------------------- saidhumuhammed koya, aged38years s/o.pookoya thangal, puthumaliyekkal veedu, attoor thalappilly taluk, thrissur dist. by advs.sri.p.santhosh (poduval) smt.r.rajitha sri.k.d.sreevisakh respondents/state :- --------------------- state of kerala rep by the public prosecutor, high court of kerala ernakulam-682031 by public prosecutor sri.dhanesh mathew manjooran this bail application having come up for admission on1403-2014, the court on the same day passed the following: jvt n.k.balakrishnan, j.-------------------------------- b.a. no.1801 of 2014 --------------------------------- dated this the 14th day of march 2014 order petitioner is the accused in crime no.141/2014 of chelakkara police station, thrissur district. the offences alleged against him are punishable under secs.406 and 420 of ipc. apprehending arrest, this petition is filed for anticipatory bail.2. it is alleged that the gold ornaments weighing 6 sovereigns and a sum of 2 lakhs were obtained by the accused from the complainant making her to believe that her husband would be given a job. it is stated that because of the inducement so made, the complainant parted with the money and gold ornaments.3. learned counsel for the petitioner submits that earlier a complaint was filed by the husband of the complainant stating different allegations. that was closed by the police stating that it is only a dispute of civil nature. learned counsel further submits that the allegation would show that the husband will get a job because of the power of black magic of the accused. that b.a. no.1801 of 2014 -:2. :- itself will show the unacceptability of the case of the complainant, the learned counsel submits.4. considering all the aspects the following directions are issued: the petitioner shall surrender before the investigating officer within 10 days from today. after interrogation the accused shall be produced before the learned magistrate. when applied for bail by the accused, the learned magistrate will grant bail to the petitioner but on the following conditions: a. the accused shall execute a bond for 20,000/- (rupees twenty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned magistrate. if in case the magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. the accused shall make himself available for interrogation by the investigating officer and should appear before the investigating officer on all mondays between 9.30 am to 11.30 am until further orders. c. the accused shall produce his original passport before the learned jurisdictional magistrate. if he is not b.a. no.1801 of 2014 -:3. :- having any valid passport, he should file an affidavit regarding the same before the magistrate. d. the accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. e. the learned magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/driving licence etc. sd/- n.k.balakrishnan, j udge. //true copy// p.a. to judge jvt
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN FRIDAY, THE14H DAY OF MARCH201423RD PHALGUNA, 1935 Bail Appl..No. 1801 of 2014 () ------------------------------- CRMC3972014 of SESSIONS COURT, THRISSUR CRIME NO. 141/2014 OF CHELAKKARA POLICE STATION, TRISSUR --------------- APPLICANT/ACCUSED :- ---------------------- SAIDHUMUHAMMED KOYA, AGED38YEARS S/O.POOKOYA THANGAL, PUTHUMALIYEKKAL VEEDU, ATTOOR THALAPPILLY TALUK, THRISSUR DIST. BY ADVS.SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA SRI.K.D.SREEVISAKH RESPONDENTS/STATE :- --------------------- STATE OF KERALA REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682031 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1403-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J.

-------------------------------- B.A. No.1801 of 2014 --------------------------------- Dated this the 14th day of March 2014 ORDER

Petitioner is the accused in Crime No.141/2014 of Chelakkara Police Station, Thrissur District. The offences alleged against him are punishable under Secs.406 and 420 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.

2. It is alleged that the gold ornaments weighing 6 sovereigns and a sum of 2 lakhs were obtained by the accused from the complainant making her to believe that her husband would be given a job. It is stated that because of the inducement so made, the complainant parted with the money and gold ornaments.

3. Learned counsel for the petitioner submits that earlier a complaint was filed by the husband of the complainant stating different allegations. That was closed by the police stating that it is only a dispute of civil nature. Learned counsel further submits that the allegation would show that the husband will get a job because of the power of black magic of the accused. That B.A. No.1801 of 2014 -:

2. :- itself will show the unacceptability of the case of the complainant, the learned counsel submits.

4. Considering all the aspects the following directions are issued: The petitioner shall surrender before the Investigating Officer within 10 days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will grant bail to the petitioner but on the following conditions: a. The accused shall execute a bond for 20,000/- (Rupees Twenty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. The accused shall make himself available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders. c. The accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not B.A. No.1801 of 2014 -:

3. :- having any valid passport, he should file an affidavit regarding the same before the Magistrate. d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. e. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/- N.K.BALAKRISHNAN, J UDGE. //True Copy// P.A. To Judge Jvt