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.
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B.A. No. 1415 of 2019
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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
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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
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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