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Muhammed Manaan Nadeem vs State Of Kerala on 21 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 21ST DAY OF JANUARY 2020 / 1ST MAGHA, 1941

Bail Appl..No.65 OF 2020

CRIME NO.454/2019 OF Kumbla Police Station , Kasargod

PETITIONERS/ACCUSED:

1 MUHAMMED MANAAN NADEEM, AGED 41 YEARS
S/O.ABDUL GAFOOR, NIZAM MANZIL, KOPRA BAZAR,
MOGRAL P.O., MOGRAL, KASARGOD DISTRICT-
371321.

2 HAMEEDA, AGED 67 YEARS
W/O.ABDUL GAFOOR, NIZAM MANZIL, KOPRA BAZAR,
MOGRAL P.O., MOGRAL, KASARGOD DISTRICT-
371321.

3 ASHFAQ, AGED 47 YEARS
S/O.ABDUL GAFOOR, NIZAM MANZIL, KOPRA BAZAR,
MOGRAL P.O., MOGRAL, KASARGOD DISTRICT-
371321.

4 FARSANA, AGED 43 YEARS
D/O.ABDUL GAFOOR, NIZAM MANZIL, KOPRA BAZAR,
MOGRAL P.O., MOGRAL, KASARGOD DISTRICT-
371321.

BY ADV. SRI.C.DINESH

RESPONDENTS/COMPLAINANT:

1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN- 682031.

2 THE STATION HOUSE OFFICER,
KUMBALA POLICE STATION, KASARGOD DISTRICT-
371321.

BY SR. PP SRI. AMJED ALI

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 21.01.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
B.A. No. 65 of 2020

..2..

Bail Application No. 65 of 2020
—————————–

ORDER

This is an application for anticipatory bail under

Section 438 of the Code of Criminal Procedure.

2. The petitioners are accused in Crime No. 454

of 2019 of Kumbala Police Station registered under Section

498A of the Indian Penal Code. The first petitioner is the

husband of the de facto complainant, the second petitioner is

the mother of the first petitioner and petitioners 3 and 4 are

the siblings of the first petitioner. The accusation against the

petitioners in essence is that they have subjected the de facto

complainant to cruelty when they were residing together.

3. Heard the learned counsel for the petitioners

as also the learned Public Prosecutor.

4. I have gone through the case diary. It is seen

that the dispute arose on account of the matrimonial discord

between the de facto complainant and her husband, the first

accused. In the circumstances, in the light of the decision of

the Apex Court in Siddharam Satlingappa Mhetre v. State

of Maharashtra, (AIR 2011 SC 312), having regard to the

nature and gravity of the accusation, the character and
B.A. No. 65 of 2020

..3..

antecedents of the accused, the possibility of the accused

fleeing from justice, and other facts and circumstances, I am

inclined to grant anticipatory bail to the petitioners on the

following conditions:

i) The petitioners shall make themselves
available for interrogation before the Investigating
Officer within ten days from today. They shall also
make themselves available for interrogation before the
Investigating Officer as and when directed by the
Investigating Officer in writing to do so;

ii) If the petitioners are arrested prior to, or after
their appearance before the Investigating Officer in
terms of this order, they shall be released from
custody on execution of bond for Rs.25,000/- (Rupees
Twenty Five Thousand only) each with two sureties
each for the like sum.

iii) The petitioners shall not influence or
intimidate the prosecution witnesses nor shall they
attempt to tamper with the evidence of the
prosecution.

iv) The petitioners shall not involve in any other
offence while on bail.

Sd/-

P.B.SURESH KUMAR
JUDGE
ds 21.01.2020

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