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Soumya vs The State Of Kerala on 5 November, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MRS. JUSTICE ANNIE JOHN

TUESDAY, THE 05TH DAY OF NOVEMBER 2019 / 14TH KARTHIKA,
1941

Bail Appl.No.7719 OF 2019

CRIME NO.3105/2019 OF Kottarakkara Police Station, Kollam

PETITIONERS/ ACCUSED 1, 3 AND 4 :

1 SOUMYA,
AGED 30 YEARS,
W/O.NISAM, MANAMPALLITHEKKETHIL,
MUSLIM STREET, KOTTARAKKARA,
KOLLAM, PIN – 691 506

2 NISAM.B,
AGED 41 YEARS,
S/O.BADARUDHEEN, MANAMPALLITHEKKETHIL,
MUSLIM STREET, KOTTARAKKAR,
KOLLAM, PIN – 691 506

3 NEJAB B,
AGED 41 YEARS,
C/O.RASHIDA, MANAMPALLITHEKKETHIL,
MUSLIM STREET, KOTTARKKARA,
KOLLAM, PIN – 691 506

BY ADV. SRI.S.R.SREEJITH

RESPONDENT/ COMPLAINANT :

THE STATE OF KERALA,
REP BY SUB INSPECTOR OF POLICE,
KOTTARAKKARA POLICE STATION,
KOLLAM DISTRICT
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

BY SR.PUBLIC PROSECUTOR SRI.B.JAYASURYA

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
05.11.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl.No.7719 OF 2019

2

ORDER

The petitioners are accused Nos.1, 3 and 4 in

Crime No.3105/2019 of Kottarakkara Police Station registered

for offence under Sections 323, Section294 (B) and 354 read with 34

of the SectionIPC.

2. The prosecution allegation is that on

30.09.2019, at about 11.00 a.m., when the de facto

complainant reached at the residence of the first accused,

the first accused used filthy words against her, thereafter she

called the other accused to remove the de facto complainant

from her house and committed the offence. The accused

and the de facto complainant are close relatives. There are

some financial disputes among the de facto complainant and

the accused. The petitioners are innocent and are falsely

implicated in the above case.

Bail Appl.No.7719 OF 2019

3

3. Heard the learned Public prosecutor. The

learned Public Prosecutor has submitted that there is no

serious allegation against these petitioners in order to attract

Section 354 IPC. Therefore, I am inclined to grant

anticipatory bail, as prayed for by the petitioners.

In the result, this application is allowed and the

Station House Officer, Kottarakkara Police Station shall

enlarge the petitioners on bail, in the event of their arrest on

execution of a bond for Rs.50,000/- each with two solvent

sureties each for the like sum to the satisfaction of the

Investigating Officer, subject to the following conditions :

1. The petitioners shall appear before the SHO,

Kottarakkara Police Station as and when required.

2. The petitioners shall not involve in any offence

while on bail.

3. The petitioners shall not influence the

witnesses or tamper any evidence in this case.
Bail Appl.No.7719 OF 2019

4

4. If the petitioners violate any of the above

conditions, the bail granted to them, by this Court shall stand

cancelled, forthwith.

Sd/-

ANNIE JOHN, JUDGE
RKM

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