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Shuhaib N.E vs The State Of Kerala on 10 January, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

FRIDAY, THE 10TH DAY OF JANUARY 2020 / 20TH POUSHA, 1941

Bail Appl..No.9556 OF 2019

CRIME NO.412/2019 OF CHANDERA POLICE STATION, KASARGOD

PETITIONERS/ACCUSED 1 TO 6:

1 SHUHAIB N.E.,
AGED 36 YEARS, S/O. ABDUL HAMMED. M.,
RESIDING AT SARAMMAS MANZIL, AYITTY,
SOUTH TRIKKARIPUR VILLAGE, TRIKKARIPUR POST,
HOSDURG TALUK, KASARAGOD DISTRICT.

2 BEEFATHIMA,
AGED 60 YEARS, W/O. ABDUL HAMMED. M.,
RESIDING AT SARAMMAS MANZIL, AYITTY,
SOUTH TRIKKARIPUR VILLAGE, TRIKKARIPUR POST,
HOSDURG TALUK, KASARAGOD DISTRICT.

3 FOUSIYA,
AGED 38 YEARS, D/O. ABDUL HAMMED. M.,
RESIDING AT SARAMMAS MANZIL, AYITTY, SOUTH
TRIKKARIPUR VILLAGE, TRIKKARIPUR POST,
HOSDURG TALUK, KASARAGOD DISTRICT.

4 SEENATH,
AGED 34 YEARS, D/O. ABDUL HAMMED. M.,
RESIDING AT SARAMMAS MANZIL, AYITTY, SOUTH
TRIKKARIPUR VILLAGE, TRIKKARIPUR POST,
HOSDURG TALUK, KASARAGOD DISTRICT.

5 HABEEBA,
AGED 32 YEARS, D/O. ABDUL HAMMED. M.,
RESIDING AT SARAMMAS MANZIL, AYITTY, SOUTH
TRIKKARIPUR VILLAGE, TRIKKARIPUR POST,
HOSDURG TALUK, KASARAGOD DISTRICT.

6 SHUHAILA,
AGED 28 YEARS, D/O. ABDUL HAMMED. M.,
RESIDING AT SARAMMAS MANZIL, AYITTY,
SOUTH TRIKKARIPUR VILLAGE, TRIKKARIPUR POST,
HOSDURG TALUK, KASARAGOD DISTRICT.
B.A.No.9556 of 2019
2

BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI

RESPONDENTS/STATE COMPLAINANT:

1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.

2 THE STATION HOUSE OFFICER,
CHANDERA POLICE STATION,
KASARAGOD DISTRICT 671 310.

SRI. SANTHSH PETER PP

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.9556 of 2019
3

Bail Application No.9556 of 2019

———————————————-

ORDER

This is an application for anticipatory bail under Section

438 of the Code of Criminal Procedure.

2. The petitioners are the accused in Crime No.412 of

2019 of Chandera Police Station registered under Section 498A of

the Indian Penal Code. The de facto complainant is the wife of the

first petitioner. Petitioners 2 to 6 are the mother and sisters of the

first petitioner. The allegation in the case is that while the de facto

complainant was residing with the first petitioner, the petitioners

used to subject her to cruelty.

3. Heard the learned counsel for the petitioners as

also the learned Public Prosecutor.

4. On a perusal of the first information statement

made available, I am of the view that the case is one which arose

on account of the matrimonial discord between the de facto

complainant and the first petitioner. In the 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 seven
B.A.No.9556 of 2019
4

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/- 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.

YKB

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