Kerala High Court
Yahiya Aged 50 Years vs State Of Kerala on 21 February, 2014
Author: N.K.Balakrishnan
Bench: N.K.Balakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 21ST DAY OF FEBRUARY 2014/2ND PHALGUNA, 1935
Bail Appl..No. 1122 of 2014 ()
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CRIME NO. 189/2014 OF KARUNAAGAPALLY POLICE STATION , KOLLAM
ACCUSED(S)/PETITIONERS/ACCUSED NOS.1 TO 3:
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1. YAHIYA AGED 50 YEARS
S.S.MANZIL, ADINADU SOUTH, ADINADU VILLAGE
KOLLAM DISTRICT.
2. SHAFI AGED 24 YEARS
S/O YAHIYA, S.S.MANZIL, ADINADU SOUTH
ADINADU VILLAGE, KOLLAM DISTRICT.
3. SHAKEELA AGED 45 YEARS
W/O YAHIYA, S.S.MANZIL, ADINADU SOUTH
ADINADU VILLAGE, KOLLAM DISTRICT.
BY ADVS.SRI.K.SIJU
SMT.BINDU GEORGE
COMPLAINANT(S)/RESPONDENT:
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STATE OF KERALA
REPRESENTED BY SUB INSPECTOR OF POLICE
KARUNAGAPPALLY
POLICE STATION THROUGH PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM-682 031.
R BY PUBLIC PROSECUTOR, SRI. RAJESH VIJAYAN.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
21-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
das
N.K.BALAKRISHNAN, J.
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B.A. No. 1122 of 2014
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Dated this the 21st day of February, 2014
ORDER
Petitioners are the accused in Crime No. 189/2014 of Karunagappally police station, Kollam. The offences alleged against them are under Secs.143, 147, 148, 452, 294(b), 323, 324, 509 and 354 r/w 149 IPC.
2. The first part of the incident, according to the prosecution, took place at about 5PM on 08.01.2014. It is stated that the accused abused the husband of the defacto complainant and thereafter attacked him. He pushed the husband of the complainant to the ground and beat him several times. When the complainant tried to intervene to save her husband the accused persons trespassed into the house of the complainant and from there she was beaten by the accused. The first accused pressed her breast. The complainant's husband was, thereafter taken to the -: 2 :- B.A. No. 1122/2014 hospital. Petitioners and four other persons reached there, and from there also they threatened the complainant's husband. Petitioners contended that there was a case against the complainant and others.
3. The learned public prosecutor has strongly opposed the petition stating that the first petitioner is committing similar offending acts and so if the pre-arrest bail is granted that will affect the smooth conduct of the investigation and will cause disharmony in that locality.
4. However, considering all the aspects, the following directions are issued:
The petitioners shall surrender before the Investigating Officer within seven days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will, considering the nature of the case, grant bail to the petitioners but on the following conditions:
-: 3 :- B.A. No. 1122/2014
a. The accused shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The accused shall make themselves available for interrogation by the Investigating Officer and the petitioners 1 and 2 should appear before the Investigating Officer on all Mondays, Wednesdays, Thursdays and Fridays between 9.30 AM to 11.30 AM, and the third petitioner should appear before the Investigating Officer on all Mondays between 9.30AM to 11.30AM until further orders.
c. The accused shall produce their original passports before the learned jurisdictional Magistrate. If they are not having any valid passport, they should file an affidavit regarding the same before the Magistrate.
d. The accused will also file affidavit that they will abide by all the conditions as mentioned above and that they will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or -: 4 :- B.A. No. 1122/2014 promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
e. The accused shall not leave the State of Kerala without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. g. Except for compliance of the conditions mentioned above, the petitioners shall not enter the limits of Karunagappally police station until further orders.
Sd/-
N.K.BALAKRISHNAN, JUDGE das // True copy // PA to Judge