Kerala High Court
Salmath Ibrahim vs State Of Kerala Represented By on 27 April, 2012
Author: P.S.Gopinathan
Bench: P.S.Gopinathan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN
FRIDAY, THE 27TH DAY OF APRIL 2012/7TH VAISAKHA 1934
Bail Appl..No. 2664 of 2012 ()
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(Crime No.118/12 of Adimali Police Station, Adimali)
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PETITIONER/ ACCUSED NO.2 :
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SALMATH IBRAHIM,
AGED 35 YEARS, W/O IBRAHIM, MAROTTICKAL HOUSE,
ADIMALI, MANNAMKANDAM VILLAGE-685561.
BY ADV. SMT.C.S.SHEEJA
RESPONDENT/ COMPLAINANT:
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1. STATE OF KERALA REPRESENTED BY
PUBLIC POSECUTOR , HIGH COURT OF KERALA.
2. SUB INSPECTOR OF POLICE
ADIMALI POLICE STATION, ERNAKULAM.
BY ADV.SRI.R.RENJITH, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27-04-2012,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RKM
P.S.GOPINATHAN, J.
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B.A.NO. 2664 OF 2012
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Dated this the 27th day of April, 2012
O R D E R
In this petition under Section 438 of the Code of Criminal Procedure, the petitioner, who is the 2nd accused in Crime No.118/2012 of Adimali Police Station for offences under Sections 406, 420, 468 and 120B read with 34 IPC, seeks an order to direct the respondent to release the petitioner on bail in the event of arrest with a plea that the petitioner is falsely implicated.
2. Having heard either side and perusing Annexure 1 First Information Report, I find that the offences alleged is regarding the change of ownership of the shop belonging to the husband, the 1st accused, in favour of the petitioner after hypothicating the properties with the Bank for B.A.NO. 2664 OF 2012 2 availing loan. Therefore, I find that no custodial interrogation of the petitioner is warranted.
3. In the result, this petition is allowed and there would be a direction to the petitioner to surrender before the Investigating Officer within a week. The Investigating Officer after arrest, interrogation and recovery, if any, shall release the petitioner on bail on executing a bond for Rs.20,000/- (Rupees Twenty Thousand only) with two solvent sureties each for like amount to the satisfaction of the investigating officer on condition that the pet2xitioner shall report before the Investigating Officer as and when called upon.
Sd/-
P.S.GOPINATHAN JUDGE /True copy/ P.A.To Judge DSV/-
B.A.NO. 2664 OF 2012 3