Kerala High Court
Bail Appl./9536/2012 of RAHEEM Vs STATE OF KERALA on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 Bail Appl..No. 9536 of 2012 () ------------------------------ CRIME NO.3401/2012 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
Bail Appl..No. 9536 of 2012 ()
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CRIME NO.3401/2012 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT------------------------------------------ PETITIONER(S)/ACCUSED NOS.2 TO 5:
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1. RAHEEM, S/O.ABDULKHADERKUNJU, MEZHUVELIL VEEDU, KADATHOOR, K.S.PURAM.
2. SHIBINA, W/O.RAHEEM, MEZHUVELIL VEEDU, KADATHOOR, K.S.PURAM.
3. SHAHUDHEEN, S/O.ABDULKHADERKUNJU, MEZHUVELIL VEEDU, KADATHOOR, K.S.PURAM.
4. EBRAHIM KUTTY, S/O.ABDULKHADERKUNJU, MEZHUVELIL VEEDU, KADATHOOR,K.S.PURAM.
BY ADVS.SRI.K.SIJU SMT.CHITHRA.S.BABU
RESPONDENT/COMPLAINANT:
-------------------------------------------------- STATE OF KERALA, (THROUGH THE S.I. OF POLICE, KARUNAGAPPALLY POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.BHAVADASAN, J
----------------------------------------- B.A No.9536 of 2012
--------------------------------------------------- Dated this the 31[st] day of December, 2012
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O R D E R
The petitioners are accused Nos.2 to 5 in CrimeNo.3401/2012 of Karunagappally Police Station for havingcommitted offence punishable under Section 498(A), 323 and 34IPC.
2. The petitioners would say that they are innocent andhave been falsely implicated with ulterior motive. According tothem, they have not committed any act as alleged.
3. After having heard the learned counsel for thepetitioners, the learned Public Prosecutor and after havingperused the records, it is felt that extraordinary jurisdictionneeds to be exercised in favour of the petitioners. The petitionis allowed as follows:
i)The petitioners shall surrender before theInvestigating Officer on or before 9.1.2013, who afterinterrogation shall produce them before the JFCMconcerned and on applications for bail moved by thepetitioners, the learned Magistrate shall release thepetitioners on bail on each of them executing a bond for asum of Rs.10,000/- (Rupees ten thousand only) with twosolvent sureties for the like sum each to the satisfaction ofthe said Court.
B.A No.9536 of 2012
ii)The learned Magistrate shall ensure theidentity of the sureties and also the veracity of the taxreceipts before granting bail.
Iii)The petitioners shall appear before theInvestigating Officer concerned for interrogation as andwhen required by him until further orders.
iv)The petitioners shall not tamper or attempt totamper with the evidence or influence or try to influencethe witness.
v)If any of the condition is violated, the bailgranted shall stand cancelled and the JFCM concerned, onbeing satisfied of the said fact, may take such proceedingsas are available to him in law.
P.BHAVADASAN Judge