Saturday, June 1, 2013

dead simpl to get bail? 1 more bail w/out discussions. 498a case, 4 in family accused, life wasted:Kerala HC

thoughts
  • the lives of four accused, members of the husband's family are wasted
  • two of them are women !!!
  • thankfully Kerala HC has granted them anticipatory bail
  • but think of all the mess they must have gone thru
  • think of the money and time wasted
  • yet another case where bail is granted in a routine manner



IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN

THURSDAY, THE 27TH DAY OF SEPTEMBER 2012/5TH ASWINA 1934

Bail Appl..No. 6929 of 2012 ()
                             



PETITIONERS/ACCUSED 1 TO 4:
                          

1. NAZEER,, AGED 34 YEARS, S/O SAINALABUDHEEN,
SHANAVAS MANZIL, THOTTAKKAD P.O.,
KALLAMBALAM, KOLLAM.

2. SAINALABUDHEEN, AGED 65 YEARS
SHANAVAS MANZIL, THOTTAKKAD P.O.,
KALLAMBALAM, KOLLAM.

3. SHANIDHA, AGED 35 YEARS, W/O FAZALUDHEEN,
SHANAVAS MANZIL, THOTTAKKAD P.O.
KALLAMBALAM, KOLLAM.

4. RAJEENA BEEVI, AGED 28 YEARS,
W/O SHARAFUDHEE, SHANAVAS MANZIL,
THOTTAKKAD P.O., KALLAMBALAM, KOLLAM.

BY ADV. SRI.LIJU. M.P

RESPONDENT/COMPLAINANT:
                      

STATE OF KERALA,
REPRESENTED BY SUB INSPECTOR OF POLICE
PARIPALLI POLICE STATION
KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM 682031.

BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27 09 2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:


VK


P.BHAVADASAN, J.

BA No.6929 of 2012

Dated this the 27th day of September 2012

Order



This petition is filed under Section 438 of Cr.PC., seeking anticipatory bail. The petitioners are the accused in Crime No.1105/12 of Parippalli Police Station for having committed the offences punishable under Section 498A r/w 34 IPC. The petitioners submit that the allegations raised in the complaint are totally false and cooked up only for the purpose of the case. Therefore, they seek anticipatory bail.

2. The learned Public prosecutor vehemently opposed the application.

3. Having heard the learned counsel for the petitioner and the learned Public Prosecutor and going through the records made available before this court, it is felt that this is a fit case warranting exercise of the extra ordinary jurisdiction of this court under Section 438 of Cr.PC.    

Accordingly, this application is allowed as follows :

1. The petitioners shall surrender before the Investigating Officer on or before 05.10.2012, who, after interrogation, BA 6929/12       2 shall produce them before the JFCM concerned.

2. On applications being filed by the petitioners for bail before the JFCM concerned, they shall be released on bail on each of them executing a bond for Rs.15,000/  (Rupees Fifteen Thousand only) with two solvent sureties each for the like sum each to the satisfaction of the JFCM concerned.

3. The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts produced by the sureties before granting bail to the petitioners.

4. The petitioners shall appear before the Investigating Officer as and when required by him, till final report is filed.

5. The petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.

6. If any of the conditions is violated by any of the petitioners, the bail granted in respect of the said petitioner shall stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such steps as are available to him in law.

P.Bhavadasan, Judge

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