Kerala High Court
Abdul Hameed V vs Station House Officer on 18 December, 2012
Author: P.Bhavadasan
Bench: P.Bhavadasan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN
TUESDAY, THE 18TH DAY OF DECEMBER 2012/27TH AGRAHAYANA 1934
Bail Appl..No. 9295 of 2012 ()
------------------------------
CRIME NO.1078/2011 OF VALAPATTANAM POLICE STATION, KANNUR DISTRICT.
................
PETITIONER/ACCUSED:
-----------------------------------
ABDUL HAMEED V., S/O.P.P. ABU,
AGED 38 YEARS, CRESCENT HOUSE,
VATTAPPOIL, EACHUR, KANNUR DISTRICT.
BY ADVS. SRI.K.C.SANTHOSHKUMAR,
SMT.K.K.CHANDRALEKHA.
RESPONDENTS/COMPLAINANT AND STATE`:
------------------------------------------------------------------
1. STATION HOUSE OFFICER,
VALAPATTANAM POLICE STATION,
KANNUR DISTRICT, PIN-670 010.
2. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 18-12-2012, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
P.BHAVADASAN, J.
---------------------------------------------------- BA No.9295 of 2012
---------------------------------------------------- Dated this the 18th day of December 2012 Order The petitioner, a divorcee, prompted the victim to go along with him under the pretext of marriage and to stay with him for 2= days in a hotel room. The petitioner would say that he had all the intention to marry her and he had made necessary arrangements for the same. But, there were strong objections from the side of his relatives due to the difference in status of both the families and he had to withdraw from the proposal. That prompted the lady to file the complaint, which led to the registration of the present crime. The learned counsel for the petitioner submitted that any act alleged to have been committed, was with the consent of the defacto complainant and if that be so, no offence would be attracted. It is also pointed out that the girl had given a statement to the police to the effect that she had voluntarily gone along with the petitioner. At any rate, according to the learned counsel, the petitioner has been in custody from 29.10.2012 onwards and a good part of the investigation must have been completed by BA 9295/12 2 now. So, his continued custody is unnecessary. He, therefore, seeks bail.
2. The learned Public Prosecutor opposed the application and pointed out that the petitioner had married earlier and the girl he had taken along with him, was a neighbour of his first wife. It was also pointed out that the investigation is still going on.
3. The act of the petitioner cannot be justified at all. He had promised to marry the girl and had, thereby obtained consent, if at all any. So, the claim of the petitioner that the alleged act, if any, was with the consent of the complainant, cannot be accepted as of now. The fact, however remains that the petitioner has been in custody from 29.10.212 onwards. A good part of the investigation must have been completed by now. So, the continued custody of the petitioner is unnecessary. The application is accordingly allowed and the petitioner shall be released on bail subject to the following conditions :
1. The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the BA 9295/12 3 like sum each to the satisfaction of the JFCM, Kannur.
2. The learned Magistrate shall ensure the identity of the sureties and the veracity of the tax receipts produced by the sureties, before granting bail to the petitioner.
3. The petitioner shall report before the Investigating Officer on every Wednesday between 9 am and 11 am, till final report is filed.
4. The petitioner shall surrender his original passport before the learned Magistrate. If he is not having any valid passport, he shall file an affidavit to that effect.
5. The petitioner shall not leave the State of Kerala without getting prior permission from the learned Magistrate concerned.
6. The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.
7. If any of the conditions is violated, the bail granted shall stand cancelled and the JFCM concerned on being satisfied of the said fact, may take such action as available to him in law.
P.Bhavadasan, Judge BA 9295/12 4 sta BA 9295/12 5