Saturday, June 1, 2013

bail for co accused even when wife probably dead & husband abroad, GOOD kerala HC bail

notes
  • wife is probably dead , probably a case of suicide, case filed under sec 306 IPC in addition to 498a
  • accused # 1 , probably the husband is abroad
  • still the co accused, must be the brother of the accused, is arrested !! God knows how the brother was roped in
  • Thankfully Kerala HC sees thru the whole thing and grants bail
  • Good case to show that EVEN if woman is dead, the court feels that CUSTODIAL INTERROGATION IS NOT necessary






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. 6990 of 2012 ()

IN CRIME NO.285/2012 OF THE KOTTAYI POLICE STATION

ACCUSED(S):


ABDUL KAREEM,
S/O. SAID, AGED 63 YEARS,
KODAKKATTUPARAMBIL,
KEEZHATHUR, KOTTAYI
PALAKKAD.


BY ADV. SRI.JACOB SEBASTIAN

COMPLAINANT(S):


STATE OF KERALA, REPESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR,
OF POLICE KOTTAYI POLICE STATION IN CRIME NO.285/2012.


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:




dS


P. BHAVADASAN, J.

B.A. NO. 6990 OF 2012

Dated this the 20th day of September, 2012


O R D E R


The petitioner is accused in Crime No:285/2012 of Kottayi Police Station, registered for the offences punishable under Sections 498A and 306 r/w 34 of Indian Penal Code. This Court is relieved of going through the details of the case for a simple reason that the facts and other such materials already have been referred to while disposing of BA No:6651/2012 filed by the 3rd accused in the case by order dated 17.09.2012, whereby anticipatory bail was granted to the said accused. It is during the pendency of the said petition that the petitioner was arrested.

2.  The petitioner points out that the allegations which ultimately resulted in this case are of vague nature and he has not committed any act to constitute an offence. It is stated that his custody is unnecessary and he is willing to abide by any condition imposed by this Court and he be released on bail.

3. The learned  Public  Prosecutor  opposed the application pointing out that the 1st accused is abroad and the investigation is at an infant stage.

4. Considering the allegations against the petitioner, his involvement in the incident and various aspects, it is felt that his custody is unnecessary.

Therefore, this application is allowed on the following conditions:

1.Petitioner shall be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of JFCM I, Palakkad.

2.The learned Magistrate may ensure the identity of the sureties and also the veracity of the tax receipts that are sought to be produced at the time of executing the bond.

3.Petitioner shall report before the Investigating Officer on every Wednesday between 9 am and 10 am till final report is laid.

4.Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.

5.If any of the condition is violated, bail granted to the petitioner 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

bka/-