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High CourtsSingle Bench(2013) 01 KL CK 0153

Abdul Rahiman vs State of Kerala and Zuhara

High Court Of Kerala · Decided on 23 January 2013

HON’BLE JUDGES
P. Bhavadasan, J
CASE NUMBER
Bail Application No. 381 of 2013

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Judgment

7 paragraphs · 333 words

P. Bhavadasan, J.—The petitioner is accused in Crime No. 479/2012 of Kasaragod Police Station, who is alleged to have committed the offences punishable u/s 323, 403, 498A and 506(ii) of IPC. The petitioner would say that he is innocent and has been falsely implicated with ulterior motive. According to him, a false complaint has been laid by the de facto complainant, which was forwarded for investigation and a crime has been registered on the basis of that complaint.

2.

Learned Public Prosecutor opposed the petition pointing out that the investigation is at an infant stage. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and after having perused the records and also considering the fact that being a matrimonial case, reconciliation and reunion of the parties cannot be ruled out, it is felt that this is a fit case where the extraordinary jurisdiction u/s 438 of Cr.P.C. needs to be exercised in favour of the petitioner. The petition is allowed as follows:

(1) The petitioner shall surrender before the Investigating Officer on or before 31.1.2013, who after interrogation shall produce him before the Judicial First Class Magistrate''s court concerned, which court on bail application being moved by the petitioner shall release him on bail on his executing a bond for Rs. 10,000/- (Rupees Ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the said court.

(2) The learned Magistrate shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail.

(3) The petitioner shall appear before the Investigating Officer on every Wednesday between 9 a.m. and 10 a.m.

(4) The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.

(5) If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law.