IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BABU
THURSDAY ,THE 28TH DAY OF MARCH 2019 / 7TH CHAITHRA, 1941
Bail Appl..No. 4620 of 2018
CRIME NO. 153/2018 OF Tirur Police Station , Malappuram
PETITIONER/S:
1 NOUSHAD,AGED 32 YEARS,S/O.ABDULLAKUTTY,PUTHUVEETTIL
HOUSE, PADINHAREKKARA P.O, TIRUR TALUK, MALAPPURAM
DISTRICT.
2 ABDULLAKUTTY,AGED 63 YEARS, S/O.MOHAMMED,
PUTHUVEETTIL HOUSE, PADINHAREKKARA P.O,TIRUR TALUK,
MALAPPURAM DISTRICT.
3 MANAF, AGED 34 YEARS, S/O.ABDULLAKUTTY,PUTHUVEETTIL
HOUSE, PADINHAREKKARA P.O,TIRUR TALUK, MALAPPURAM
DISTRICT.
4 FAISAL, AGED 45 YEARS
S/O.ISMAIL,KOLATHINGAL PARAMBIL HOUSE, PADINHAREKKARA
P.O,TIRUR TALUK, MALAPPURAM DISTRICT
5 SULAIKHA, AGED 60 YEARS,
W/O.ABDULLAKUTTY,PUTHUVEETTIL HOUSE, PADINHAREKKARA
P.O,TIRUR TALUK, MALAPPURAM DISTRICT
6 ASIA, AGED 28 YEARS, D/O.ABDULLAKUTTY,PUTHUVEETTIL
HOUSE, PADINHAREKKARA P.O,TIRUR TALUK, MALAPPURAM
DISTRICT
7 MURSHIDA, AGED 28 YEARS, W/O.MANAF,PUTHUVEETTIL
HOUSE, PADINHAREKKARA P.O,TIRUR TALUK, MALAPPURAM
DISTRICT
8 SAINABA, AGED 40 YEARS,W/O.FAISAL,PUTHUVEETTIL HOUSE,
PADINHAREKKARA P.O,TIRUR TALUK, MALAPPURAM DISTRICT
BY ADVS.
SMT.N.DEEPA
SRI.M.V.BALAGOPAL
RESPONDENT/S:
STATE, REPRESENTED BY THE SUB INSPECTOR OF POLICE,
TIRUR , REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT
OF KERALA, ERNAKULAM.682031
SMT.M.N.MAYA, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.03.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Bail Appl..No. 4620 of 2018
ORDER
Petitioners are the accused persons in crime no.153/2018 of
Tirur police station. They allegedly committed offences punishable
under Secs 304B, 306 and 498A of IPC read with IPC 34. They
seek bail under Sec.438 of Cr.P.C.
2. A person by name Sabna committed suicide on
4.3.2018 by hanging herself. Petitioners 1,2 and 5 are the
husband, father-in-law and mother-in-law of the deceased. The
other petitioners are the relatives of the husband of the deceased.
The marriage of the first petitioner with Sabna was on 22.12.2013.
Her death was on 4.3.2018. Alleging harassment at the end of the
petitioners, a case has been registered against them.
3. Heard Smt.N.Deepa, the learned counsel for the
petitioners and Smt.M.N.Maya, the learned public prosecutor.
4. I am shown the case diary by the learned public
prosecutor. I perused it. Having perused the same, I am of the
opinion that this is a fit case to grant anticipatory bail. The case
diary does not disclose any particular instance of harassment.
The learned counsel for the petitioners submits that the first
petitioner was abroad at the time of the death of his wife. It is
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Bail Appl..No. 4620 of 2018
also submitted that no complaint whatsoever against any of the
petitioners was ever filed by Sabna or her relatives. Another
submission of the learned counsel is that among the petitioners
only three of them, who are petitioners 2,3 and 5, have been
residing in the matrimonial home of Sabna. It is premature to
accept or reject the submissions, but cannot be totally brushed
aside. Custodial interrogation of the petitioners does not appear
to be necessary for an effective investigation of the case. I am, in
these circumstances, inclined to allow the application.
5. The application is allowed. If arrested in connection
with crime no.153/2018 of Tirur police station, the petitioners shall
be released on bail, after interrogation, 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
investigating officer. The petitioners shall co-operate with the
investigation. They shall make themselves available for
interrogation if so required by the investigating officer. The
petitioners shall report to the investigating officer between 10 am
and 11 am on every Wednesday for a period of two 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 court having
jurisdiction is hereby empowered to cancel the bail in accordance
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Bail Appl..No. 4620 of 2018
with law if any of the conditions aforementioned is violated. If
the petitioners choose to surrender before the magistrate, this
order ceases to have any effect and the learned magistrate will
pass appropriate orders as if this order has not been passed.
SD/-
A.M.BABU
JUDGE
SKS/28.3.2019
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Bail Appl..No. 4620 of 2018
APPENDIX
PETITIONER’S/S EXHIBITS:
A1 CERTIFIED COPY OF THE ORDER IN
CRL.M.C.NO.649/2018,DATED 02.7.2018.