Kerala High Court
Bail Appl./9517/2012 of RIJU SALAM 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. 9517 of 2012 () ------------------------------ CRIME NO.1280/2012 OF VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM 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. 9517 of 2012 ()
------------------------------CRIME NO.1280/2012 OF VENJARAMOODU POLICE STATION,THIRUVANANTHAPURAM DISTRICT................
PETITIONERS:
---------------------
1. RIJU SALAM,
S/O. LATE ABDUL SALAM, AGED 28 YEARS,
SOUDA SADANAM, VENJARAMOODU P.O.,
THIRUVANANTHAPURAM DISTRICT.
2. SOUDA BEEVI , AGED 55 YEARS,
W/O. LATE ABDUL SALAM, SOUDA SADANAM,
VENJARAMOODU P.O., THIRUVANANTHAPURAM DISTRICT.
BY ADVS. SRI.M.ZIYAD,
SRI.SANU.S.PANICKER.
RESPONDENTS:
-----------------------
1. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
(CRIME NUMBER NOT KNOWN OF VENJARAMOODU
POLICE STATION, THIRUVANANTHAPURAM DISTRICT).
2. SUB INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 001. VENJARAMOODU POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 001.
3. SHAHIRA A.J.,
D/O. ABDUL RASHEER, AGED 23 YEARS,
SM MANZIL, PERUMKUZHY,
VENJARAMOODU P.O., THIRUVANANTHAPURAM-695 001.
R1 & R2 BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.
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.9517 of 2012
--------------------------------------------------- Dated this the 31[st] day of December, 2012
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O R D E R
A private complaint filed by the defacto complainant wasforwarded for investigation under Section 156(3) of Cr.P.C andon the basis of which Crime No.1280/2012 of VenjaramooduPolice Station was registered against the petitioners for theoffence punishable under Section 498 A of IPC.
2. The petitioners would say that they are totallyinnocent and have been falsely implicated with ulterior motive.
3. Considering the fact that the issue involved in thematter is a matrimonial dispute and also since there is a chancefor reunion of the parties, it is felt that it is a fit case whereextraordinary jurisdiction needs to be exercised in favour of thepetitioners. Accordingly, the petition is 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.9517 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