Kerala High Court
Bail Appl./9504/2012 of SHAJI KANHIRIKEEL 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. 9504 of 2012 () ------------------------------ (CRIME NO. 238/2012 OF PERINGOME POLICE STATION, KANNUR DISTRICT) PETITIONERS/ACCUSED NO. 1 TO 4 :
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. 9504 of 2012 ()
------------------------------
(CRIME NO. 238/2012 OF PERINGOME POLICE STATION, KANNUR DISTRICT)
PETITIONERS/ACCUSED NO. 1 TO 4 :---------------------------------------------------
1. SHAJI KANHIRIKEEL, AGED 33 YEARS S/O. CHANDUKUNHI, CHARALKOODAM, PADIYOTCHAL (P.O.) KANNUR DISTRICT.
2. P.CHANDUKUNHI, AGED 67 YEARS F/O. SHAJI KANHIRIKEEL, CHARALKOODAM PADIYOTCHAL (P.O.), KANNUR DISTRICT.
3. NARAYANI KANHIRIKEEL, AGED 62 YEARS W/O. CHANDUKUNHI, CHARALKOODAM, PADIYOTCHAL (P.O.) KANNUR DISTRICT.
4. SASI KANHIRIKEEL, AGED 44 YEARS S/O. CHANDUKUNHI, CHARALKOODAM, PADIYOTCHAL (P.O.)KANNUR DISTRICT. S/O. CHANDUKUNHI, CHARALKOODAM, PADIYOTCHAL (P.O.)KANNUR DISTRICT.
BY ADVS.SRI.ZUBAIR PULIKKOOL SRI.P.S.BINU
RESPONDENT/COMPLAINANT :
------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSEUCTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTORSRI. 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.
---------------------------------------------------- BA No.9504 of 2012
---------------------------------------------------- Dated this the 31[st] day of December 2012
Order
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On a private complaint filed by the defactocomplainant, which was referred for investigation under S.156(3) of Cr.PC, Crime No.238/12 of Peringome Police Station was registered against the petitioners for theoffences punishable under S.498(A) r/w S.34 IPC. Thepetitioners would say that they are totally innocent andhave been implicated with ulterior motives.
2. Since the matter involves a matrimonial dispute and the chance of reunion of the parties cannot beruled out, it is felt that this is a fit case warranting exerciseof the extra ordinary jurisdiction of this court under S.438Cr.PC. The application is accordingly allowed as follows :
1. The petitioners shall surrender before the InvestigatingOfficer on or before 09.01.2013, who, after interrogation,shall produce them before the JFCM concerned.
2. On applications being filed by the petitioners before the BA No.9504/12
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JFCM concerned, they shall be released on bail on each ofthem executing a bond for Rs.15,000/- (Rupees FifteenThousand only) with two solvent sureties each for the likesum each to the satisfaction of the JFCM concerned.
3. The learned Magistrate shall ensure the identity of thesureties and also the veracity of the tax receipts produced bythe sureties before granting bail to the petitioners.sureties and also the veracity of the tax receipts produced bythe sureties before granting bail to the petitioners.
4. The petitioners shall appear before the Investigating Officeras and when required by him, till final report is filed.as and when required by him, till final report is filed.
5. The petitioners shall not tamper or attempt to tamper with theevidence and influence or try to influence the witnesses.evidence and influence or try to influence the witnesses.
6. If any of the conditions is violated, the bail granted shallstand cancelled and the JFCM concerned, on being satisfiedof the said fact, may take such steps as are available to himin law.stand cancelled and the JFCM concerned, on being satisfiedof the said fact, may take such steps as are available to himin law.
P.Bhavadasan, Judge sta
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