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Muzammil Moideen Kunhi vs The Station House Officer on 24 May, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

FRIDAY, THE 24TH DAY OF MAY 2019 / 3RD JYAISHTA, 1941

Bail Appl.No.3007 of 2019

CRIME NO. 115/2019 OF Chandera Police Station , Kasargod

PETITIONER/S:

1 MUZAMMIL MOIDEEN KUNHI, AGED 29 YEARS
S/O.MOIDEEN KUNHI, DARUL MUBASSIRA, UDUMBUTHALA,
THRIKARIPUR VILLAGE, KASARGOD DISTRICT.

2 MOIDEEN KUNHI, AGED 55 YEARS
S/O.MUHAMMED KUNHI, DARUL MUBASSIRA,
UDUMBUTHALA, THRIKARIPUR VILLAGE.

3 AYISHA, AGED 44 YEARS
W/O.MOIDEEN KUNHI, DARUL MUBASSIRA, UDUMBUTHALA,
THRIKARIPUR VILLAGE, KASARGOD DISTRICT.

4 MUBASSIRA, AGED 24 YEARS
W/O.MOIDEEN KUNHI, DARUL MUBASSIRA, UDUMBUTHALA,
THRIKARIPUR VILLAGE, KASARGOD DISTRICT.

5 STP DBDUL RAHIMAN, AGED 79 YEARS, S/O.AMMANATH,
AYISHA MANZIL, THEKKEVALAPPIL UDUMBUTHALA, SOUTH
TRIKARIPUR VILLAGE, KASARGOD DISTRICT.

BY ADV. SRI.SUNNY MATHEW

RESPONDENT/S:
1 THE STATION HOUSE OFFICER,
CHANDERA POLICE STATION, KASARGOD DISTRICT.

2 STATE OFKERALA,(RESPONDENTS 1 AND 2 REPRESENTED
BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM- 682031).

OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
24.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
::2::
Bail Appl.No.3007 of 2019

ALEXANDER THOMAS, J.
—————————–
B.A.No.3007 Of 2019
———————————
Dated this the 24th day of May, 2019.

ORDER

The petitioners herein are accused Nos.1 to 5 respectively in

Crime No.115/2019 of Chandera Police Station, Kasaragod District,

which has been registered for offences punishable under

Secs.498A, 354, 354A(1)(i) of the I.P.C.

2. The 1st petitioner is the husband of the lady defacto

complainant and petitioners 2 to 5 are the father, mother, sister

and paternal grandfather of the 1 st petitioner (A1). The prosecution

case in brief is that one week after the marriage between the

1st petitioner (A1) and the lady defacto complainant, accused Nos.1

to 4 had harassed the defacto complainant and demanded more

money and accused No.5, the paternal grandfather aged 79 years,

in the month of January, 2017 on 2 occasions had embraced her

from behind and thereby sexually assaulted her, etc.

3. Sri.Sunny Mathew, learned counsel appearing for the

petitioners, would submit that petitioners have been falsely

implicated in the crime and false allegations have been foisted
::3::

Bail Appl.No.3007 of 2019

against them to add unnecessary colour to the false case that

accused No.5, who is the paternal grandfather of the 1 st petitioner

had done the above acts, etc. After hearing both sides and after

evaluating the facts and circumstances, it is ordered that in the

event of the petitioners being arrested by the Police in connection

with the abovesaid crime, they shall be released on bail on their

separately executing bonds for Rs.50,000/- (Rupees Fifty

Thousand only) and on separately furnishing two solvent sureties

each for the like sum each to the satisfaction of the Investigating

Officer concerned.

6. Further it is also ordered that it will be subject to

following conditions:-

(i) The petitioners shall not involve in any criminal
offences of similar nature.

(ii) The petitioners shall fully co-operate with the
investigation.

(iii) The petitioners shall report before the
Investigating Officer as and when required in
that connection.

(iv) The petitioners shall not influence witness or
shall not tamper or attempt to tamper evidence
in any manner, whatsoever.

::4::

Bail Appl.No.3007 of 2019

If there is any violation of the abovesaid conditions by the

petitioners, then the jurisdictional court concerned stand hereby

empowered, to consider the plea for cancellation of bail at the

appropriate time.

With these observations and directions, the above Bail

Application stands allowed.

Sd/-

ALEXANDER THOMAS,
Judge.

bkn/-

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