Kerala High Court
Bail Appl./7939/2008 of NABEESA AND OTHERS Vs STATE OF KERALA on 30 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 Bail Appl..No. 7939 of 2008() ------------------------------------- CRIME NO.353 OF 2008 OF KUMBLA POLICE STATION, KASARAGOD. PETITIONERS/ACCUSED 2 TO 6:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.K.MOHANAN
TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930
Bail Appl..No. 7939 of 2008()
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CRIME NO.353 OF 2008 OF KUMBLA POLICE STATION, KASARAGOD.
PETITIONERS/ACCUSED 2 TO 6:
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1. NABEESA, W/O. MOHAMMED KALPANA, AGED 40
YEARS, BOMBRANA P.O., KUMBLA,KASARAGOD TALUK.
2. MARIYAMMA,W/O. YOUSUF, AGED 32 YEARS, KALATHOOR HOUSE, ICILAMPADY P.O.,KUMBLA, KASARAGOD TALUK.
3. THAHIRA,W/O. HAMEED, AGED 23 YEARS
PANJATKUNNU HOUSE, MOGRALPUTHUR P.O.,
KASARAGOD TALUK.
4. YOUSUF,S/O.ABBAS, AGED 55 YEARS
NEAR DINESH BEEDI COMPANY (OLD)
BEERANDIKARA HOUSE, BOMBRANA P.O. KUMBLA
KASARAGOD TALUK.
5. NISAR, S/O.ABU, AGED 22 YEARS,
BARNIKATTA HOUSE, BOMBRANA P.O. KUMBLA
KASARAGOD TALUK.
BY ADV. SRI.JACOB E SIMON
RESPONDENT/STATE:
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THE STATE OF KERALA,
REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUMBLA POLICE STATION, KASARAGOD,THROUGH THE
PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM.
BY SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 30/12/2008, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
V. K.MOHANAN, J.----------------------------------------- Bail Application No.7939 of 2008 -----------------------------------------Dated this the 30[th] day of December, 2008
O R D E R
Petitioners are accused Nos.2 to 6 in crimeNo.353/2008 of Kumbla Police Station for the offencespunishable under Section 498A read with 149 of IPC.
2. The allegation against the accused including thehusband of the defacto complainant is that they illtreatedthe defacto complainant demanding more dowry. Learnedcounsel for petitioners submitted that petitioners areinnocent and they are unnecessarily impleaded in thecrime. Hence, they seek anticipatory bail.
3. I have heard the learned counsel for petitionersand the learned Public Prosecutor.
4. The first accused/husband is granted bail fromthe court of Chief Judicial Magistrate, Kasargode.
Considering the facts and circumstances of the case, I am of the view that anticipatory bail can be granted to B.A. No.7939 of 2008
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the petitioners. Accordingly, a direction is issued to theofficer-in-charge of the Kumbla Police Station to releasethe petitioners on bail forthwith, for a period of one monthin the event of their arrest in connection with the abovecrime on each of them executing a bond for Rs.25,000/-(Rupees Twenty five thousand only) with two solventsureties each for the like amount to the satisfaction to thesaid officer and subject to the following conditions:
1. Petitioners shall report before theInvestigating Officer once in a fortnight.Investigating Officer once in a fortnight.
2. Petitioners shall make themselvesavailable for interrogation as and whenrequired by the Investigating Officer.
3. Petitioners shall not influence orintimidate the prosecution witnesses norshall they attempt to tamper with theevidence for the prosecution.
4. Petitioners shall not commit anyoffence while on bail.
5. Petitioners shall surrender before theMagistrate concerned and seek regularbail in the meanwhile.
B.A. No.7939 of 2008
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If the petitioners commit breach of any of the aboveconditions, the bail granted to them shall be liable to becancelled.
This application is allowed as above.
pac
V.K.MOHANAN, JUDGE
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