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
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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
