Kerala High Court
Abdul Hameed vs State Of Kerala on 11 May, 2016
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH
WEDNESDAY, THE 11TH DAY OF MAY 2016/21ST VAISAKHA, 1938
Bail Appl..No. 3343 of 2016 ()
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CRIME NO. 406/2016 OF PALLICKAL POLICE STATION,
THIRUVANANDAPURAM DISTRICT
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PETITIONER(S)/ACCUSED 1 & 2 :
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1. ABDUL HAMEED, AGED 65 YEARS,
S/O.LATE KHADER PILLAI, KOCHUVILA VEEDU,
PALLIKKAL P.O., PALLIKKAL VILLAGE,
CHIRAYINKIL TALUK,THIRUVANANTHAPRUAM DISTRICT.
2. SHAHIDA BEEVI, AGED 46 YERS,
D/O.NUSAIFA BEEVI, KOCHUVILA VEEDU,
PALLIKKAL P.O., PALLIKKAL VILLAGE,
CHIRAYINKIL TALUK,THIRUVANANTHAPRUAM DISTRICT.
BY ADV. SMT.MINI GANGADHARAN
RESPONDENT(S) :
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STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI. N. SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 11-05-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
bp
K.P.JYOTHINDRANATH, J.
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B.A.No. 3343 of 2016
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Dated this the 11th day of May, 2016
O R D E R
This is an application filed under Section 438 of Cr.P.C. When the petition came up for hearing, the counsel for the petitioners submitted before me that the petitioners are the accused in Crime No.406/2016 of Pallickal police Station. The counsel submitted before me that the petitioners are husband and wife. It is the submission that the offence alleged against the petitioners are now under Sections 324, 506 (ii), 308 and 34 of the Indian Penal Code. It is the further submission that the petitioners are residing in their own house. The 1st petitioner earlier married another girl and in that wedlock there are two daughters. One of the daughters and her husband and children are the alleged injured in this case. Actually they are the aggressors. The counsel also brought to my notice Annexure-A3, which shows that a counter crime is also registered -2- B.A. No.3343 of 2016 against the de-facto complainant.
2. I heard the learned Public Prosecutor.
3. After going through Annexure-A3 and also after considering the submission of the learned Public Prosecutor and the counsel for the petitioner, the following order is passed:
(i) The petitioners shall appear before the Investigating Officer within 10 days of this order.
On such appearance, the Investigating Officer is at liberty to interrogate the petitioner. After interrogation, if the Police Officer feels that this is a case where arrest is necessary, he is at liberty to arrest the petitioners. After arrest if recovery is necessary that also can be made. Thereafter, the petitioners shall be released on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand only) by each petitioners with two solvent sureties for each.
(ii) The petitioners shall appear before the Investigating Officer on all Saturdays in between 10 am and 12 noon for a period of two months.
-3- B.A. No.3343 of 2016
(iii) The petitioners shall not commit any offences during the entire period of bail.
(iv) The petitioner shall co-operate with the investigation and shall not influence or intimidate the witnesses.
On the above conditions, this anticipatory bail application is allowed. Violation of any of the conditions will entail cancellation of bail.
K.P.JYOTHINDRANATH JUDGE mns/11.5.16 -4- B.A. No.3343 of 2016