IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1286 of 2007()
1. MUHAMMED ALI, AGED 32 YEARS,
... Petitioner
2. AYISHA, AGED 55 YEARS, W/O. ABDULLA,
3. IBRAHIM, AGED 26 YEARS, S/O. ABDULLA,
4. RAMLA, W/O. VEERANKUTTY,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :02/03/2007
O R D E R
V.RAMKUMAR, J.
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Bail Application No. 1286/2007
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Dated this 2nd day of March, 2007
O R D E R
The petitioners who are accused Nos. 1 to 4 in
Crime No.122/2007 of Pattambi Police Station for offences
punishable under Sections 406, 498-A, 506(i) and 315 IPC
read with Section 34 IPC seek anticipatory bail.
2. The learned Public Prosecutor opposed the
application.
3. The petitioners are the husband, mother-in-law,
brother-in-law and sister-in-law of the defacto complainant.
The marriage between the defacto complainant and the first
accused took place on 26.12.1996. According to the complaint,
the first accused used to harass the defacto complainant on
account of her not getting pregnant and on 22.8.2006 at a time
when the defacto complainant was pregnant, the first accused
is alleged to have assaulted her and fisted and kicked on her
abdomen which, according to her, resulted in a mis-carriage.
4. It is too early to accept the contention of the first
accused that the abortion was a natural abortion and not on
account of any criminal act committed by the first accused. I
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am therefore, not inclined to grant anticipatory bail to the first
accused. However, in the case of accused Nos. 2 to 4, who are
petitioners 2 to 4, I am inclined to grant anticipatory bail.
5. Accordingly, a direction is issued to the
Investigating Officer to release the petitioners 2 to 4 on bail
for a period of one month in the event of their arrest in
connection with the above case on each of them executing a
bond for Rs. 10,000/- (Rupees ten thousand only) with two
solvent sureties each for the like amount to the satisfaction to
the said officer and subject to the following conditions:
1. Petitioners 2 to 4 shall report before
the Investigating Officer between 9 a.m.
and 11 a.m. on all Wednesdays.
2. Petitioners 2 to 4 shall make
themselves available for interrogation as
and when required by the Investigating
Officer.
3. Petitioners shall not influence or
intimidate the prosecution witnesses nor
shall they attempt to tamper with the
evidence for the prosecution.
4. Petitioners shall not commit any offence
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while on bail.
5. Petitioners shall surrender before the
Magistrate concerned and seek regular bail
in the meanwhile.
6. If the petitioners commit breach of any of the above
conditions, the bail granted to them shall be liable to be
cancelled.
7. In the case of the first accused there is no reason
why he should not surrender before the Magistrate concerned
and seek regular bail. Accordingly, if the first petitioner/first
accused surrenders before the Magistrate concerned and files
an application for regular bail within two weeks from today,
the same shall be considered and disposed of by the Magistrate
preferably on the same day on which it is filed.
The application is disposed of as above.
V.RAMKUMAR,
JUDGE
mrcs
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