SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Rahees vs State Of Kerala on 5 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 5TH DAY OF MARCH 2019 / 14TH PHALGUNA, 1940

BAIL APPL.NO. 1415 OF 2019

CRIME NO. 51/2019 OF NADAPURAM POLICE STATION , KOZHIKODE

PETITIONERS/ACCUSED:

1 RAHEES,
AGED 38 YEARS, S/O. USMMAN,
PARAMBATH HOUSE, KADAMERY P.O., KOZHIKODE.

2 KUNJIMARIAM,
AGED 60 YEARS, W/O. USMMAN,
PARAMBATH HOUSE, KADAMERY P.O., KOZHIKODE.

3 SUDHEER,
AGED 43 YEARS, S/O. USMMAN,
PARAMBATH HOUSE, KADAMERY P.O., KOZHIKODE.

4 SAUJATH,
AGED 35 YEARS, W/O. SUDHEER,
PARAMBATH HOUSE, KADAMERY P.O., KOZHIKODE.

BY ADV. SMT.P.K.PRIYA

RESPONDENT/COMPLAINANT:

STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM REPRESENTING,
S.H.O. NADAPURAM POLICE STATION,KOZHIKODE DISTRICT.

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
————————————
B.A. No. 1415 of 2019
————————————
Dated this the 5th day of March, 2019

ORDER

Heard Smt.P.K.Priya, learned counsel appearing for

the petitioners and Sri.Saigi Jacob Palatty, learned Prosecutor

appearing for the respondent.

2. The petitioner seeks anticipatory bail in respect of

Crime No.51/2019 of Nadapuram Police Station. The crime has

been registered by the police consequent to the directions issued

by the learned Magistrate concerned u/s 156(3) of the CrPC

consequent to private criminal complaint filed by the defacto

complainant. The offences registered against the petitioner are

those under Sections 406, 498A, 354 r/w 34 IPC.

3. It is alleged that the 4 petitioners herein are the 4

accused in Crime No.51/2019 of Nadapuram Police Station. It is

alleged that the 1st petitioner and the defacto complainant are

husband and wife and they got married on 16.5.2013 and the 2 nd

petitioner is the mother of the 1 st petitioner. The 3rd petitioner is

the brother of the 1st petitioner and the 4th petitioner is the wife of

the 3rd petitioner. The allegation raised against the petitioners is
B.A. No. 1415 / 2019

..3..

that the petitioners misappropriated the gold ornaments of the

defacto complainant and showed cruelty to her, etc.

4. Having heard both sides and having regard to the

nature of the offences as well as the allegations raised in the case,

this Court is of the view that the plea for pre-arrest bail could be

considered. Accordingly it is ordered that in the event of the

petitioner being arrested by police in connection with the

abovesaid crime, he shall be released on executing bond for

Rs.40,000/- each and on furnishing two solvent sureties for the

like sum, both to the satisfaction of the investigating officer

concerned.

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

following conditions:-

(1) The petitioner shall not involve in any criminal
offences of similar nature.

(2) The petitioner shall fully co-operate with the
investigation.

(3) The petitioner shall report before the investigating
officer as and when required in that connection.
(4) The petitioner shall not influence witness or shall not
tamper or attempt to tamper evidence in any manner,
whatsoever.

(5) If there is any violation of the abovesaid conditions
B.A. No. 1415 / 2019

..4..

by the petitioner 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 will stand disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE
MMG

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation