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Mohammed vs The State Of Kerala on 4 April, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.M.BABU

THURSDAY, THE 04TH DAY OF APRIL 2019 / 14TH CHAITHRA, 1941

Bail Appl..No. 1601 of 2019

CRIME NO. 50/2019 OF Pothukallu Police Station , Malappuram

PETITIONER/S:

1 MOHAMMED
AGED 62 YEARS
S/O KUTTIALI CHERUKARA HOUSE,
THAMPURATTIKKALLU,POTHUKALLU,
NILAMBUR ,MALAPPURAM DISTRICT.

2 AMINA,
AGED 50 YEARS
W/O MOHAMMED,CHERUKARA HOUSE,
THAMPURATTIKKALLU,POTHUKALLU,
NILAMBUR,MALAPPURAM DISTRICT.

3 SHAHARBHANU,
AGED 32 YEARS
W/O USMAN,PULIKKUNNUMMAL HOUSE,
THAMPURATTIKKALLU,POTHUKALLU,NILAMBUR,
MALAPPURAM DISTRICT.

BY ADVS.
SRI.P.SAMSUDIN
SRI.JITHIN LUKOSE

RESPONDENT/S:
THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM-682031.
( CRIME NO.50/2019 POTHUKALLU POLICE STATION IN
MALAPPURAM DISTRICT).

OTHER PRESENT:
SRI.C.K.PRASAD-PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Bail Appl..No. 1601 of 2019

ORDER

Bail is sought under Sec.438 of Cr.P.C. Petitioners are accused

3 to 5 in crime no.50/2019 of Pothukallu police station in

Malappuram district. The offences alleged against them are those

punishable under Secs 306 and 498A of IPC read with IPC 34.

2. Prosecution case is as follows: A person by name

Sabeena committed suicide by setting herself ablaze. It was on

20.12.2019. She did it unable to bear the cruelty to which she was

subjected to by the accused persons.

3. Heard Sri.P.Samsudin, the learned counsel for the

petitioners and Sri.C.K.Prasad, the learned public prosecutor.

4. I have perused the case diary. I have seen in it serious

allegations levelled against the first accused. He and the second

accused have been arrested and were later enlarged on bail. I do not

say that the petitioners are free from any allegations, but not as

serious as the allegations levelled against the first accused. In the

facts and circumstances of the case, I do not consider custodial

interrogation necessary for an effective investigation of the case.

For these reasons, I allow the application.

5. The application is allowed. If arrested in connection with

crime no.50/2019 of Pothukallu police station, the petitioners shall

be released on bail, after interrogation, if any, on each of them

executing a bond for Rs 75,000/- (seventy five thousand only) with

two solvent sureties each for the like sum to the satisfaction of the
3
Bail Appl..No. 1601 of 2019

investigating officer. The petitioners shall co-operate with the

investigation. They shall make themselves available for interrogation

if so required by the investigating officer. They shall report to the

investigating officer between 10 am and 11 am on every Wednesday

for a period of three months or till the filing of the final report,

whichever is earlier. The petitioners shall not intimidate or attempt

to influence witnesses. Nor shall they destroy or tamper with

evidence. The magistrate having jurisdiction is hereby empowered to

cancel the bail in accordance with law if any of the conditions

aforementioned is violated. If the petitioners surrender before the

magistrate, this order will cease to have effect and the learned

magistrate will pass appropriate orders as if this order has not been

passed.

Sd/-

A.M.BABU

SKS/5.4.2019 JUDGE

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