Saturday, June 1, 2013

71 year old lady accused in 498a runs for bail, Kerala HC, Eranakulam Bench

Notes
  • 71 year old lady, probably mother of main accused and husband is seeking bail
  • sad to see MANY MANY women dragged to police and courts because young wives want to file 498a
  • I have read 100s of 498a cases (just 498a where wife is alive) and I am YET to see even 1% of them survive till the HC and husband get convicted till HC
  • what a sad misuse of law, what a traversity , what a loot by young wives ?
  • thankfully in this case KErala HC grants bail to the old lady




IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN

THURSDAY, THE 20TH DAY OF SEPTEMBER 2012/29TH BHADRA 1934

Bail Appl..No. 6888 of 2012 ()

(CRIME NO.1175/2012 OF CHAVARA POLICE STATION, KOLLAM DISTRICT)




PETITIONER/2ND ACCUSED:


KHADIJA, AGED 71 YEARS,
W/O.LATE MAKKARUKUTTY, MANIYAMPARA HOUSE,
CHOWARA P.O., NEDUVANNOOR, CHENGAMANAD VILLAGE,
ALUVA TALUK, ERNAKULAM DISTRICT.

BY ADV. SRI.S.M.ALTHAF


RESPONDENT/COMPLAINANT:


STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH


THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Kss


P.BHAVADASAN, J

B.A No.6888 of 2012

Dated this the 20th day of September, 2012


O R D E R

The petitioner is the 2nd accused in Crime No.1175/2012 of Chavara Police Station for having committed the offence punishable under Sections 498A read with Section 34 IPC.

2.   After having learned the learned counsel for the petitioner and the learned Public Prosecutor, it is felt that it is just and proper to exercise extraordinary jurisdiction in favour of the petitioner.

Accordingly, the petition is allowed as follows:

i)   The petitioner shall surrender before the Investigating    Officer     on     27.9.2012,       who      after interrogation shall produce him before the JFCM concerned     and on application for bail moved by the petitioner, the learned Magistrate shall release the petitioner on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the said Court.

ii)   The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail.

Iii)  The   petitioner     shall    appear      before     the Investigating Officer concerned for interrogation as and when required by him until further orders.

iv)   The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness.

v)    If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law.


P.BHAVADASAN

Judge

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