Kerala High Court
Bail Appl./10829/2011 of FATHIMA Vs STATE OF KERALA on 30 December 2011
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 30TH DECEMBER 2011 / 9TH POUSHA 1933 Bail Appl..No. 10829 of 2011() ------------------------------ CRIME NO.1713/2011 OF THIRUVALLA POLICE STATION - CRMP.9993/2011 of J.M.F.C.,THIRUVALLA,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN
FRIDAY, THE 30TH DECEMBER 2011 / 9TH POUSHA 1933
Bail Appl..No. 10829 of 2011()
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CRIME NO.1713/2011 OF THIRUVALLA POLICE STATION - CRMP.9993/2011 of J.M.F.C.,THIRUVALLA, PATHANAMTHITTA DISTRICT.
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PETITIONER/ACCUSED
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FATHIMA, AGED 42 YEARS,
W/O.HABEEBKUTTY, VAZHAVILAYIL HOUSE,
KANNANKARA MURI, PATHANAMTHITTA AND NOW RESIDING AT ALANKAR, KULAKKAD, THUKALASSERRY, THIRUVALLA VILLAGE, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.JESWIN P.VARGHESE
SRI.BIJO THOMAS GEORGE
RESPONDENT/STATE
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STATE OF KERALA REP.BY SUB INSPECTOR,
THIRUVALLA POLICE STATION,
PATHANAMTHITTA DISTRICT BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.
PUBLIC PROSECUTOR, SRI.R.RANJITH
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD
ON 30.12.2011, THE COURT ON THE SAME DAY PASSED THE
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FOLLOWING:
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B.A.No.10829 OF 2011
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Dated this the 30[th] day of December, 2011
O R D E R
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Petition under Section 439 of the Code of CriminalProcedure. Petitioner is the sole accused in Crime No.1713/2011 of Thiruvalla Police Station for offences punishableunder Sections 454, 461 and 380 I.P.C. She was arrested on13.12.2011. Eversince she is in custody. Seeking an order togrant bail she moved a petition as Crl.M.P.No.9993/2011 beforethe Judicial Magistrate of the 1[st] Class-I, Thiruvalla, who, byAnnexure-A order dismissed the same. Now seeking the samerelief, this petition is filed.
2. Having heard either side, I find that recovery isalready over. Therefore, further detention of the petitioner isnot at all warranted.
3. In the result, this petition is allowed and there will bean order directing the Judicial Magistrate of the 1[st] Class-I,Thiruvalla to release the petitioner on bail on executing a bondfor Rs.15,000/- with two solvent sureties each for like amount tothe satisfaction of the trial court.
(P.S.GOPINATHAN, JUDGE)
ps/30/12
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