Allowed

Gafoor K.S. v. State of Kerala

Kerala HC4 Jan 2013Bail Appl./9289/2012

Case brief

AI extract

What is this about?

Bail application filed by six accused persons charged under Sections 306 and 498A IPC via anticipatory bail. The High Court held it was a fit case and granted unconditional anticipatory bail subject to standard conditions of surrender, sureties, and non-tampering with evidence.

What did the court decide?

Anticipatory bail granted subject to surrender, execution of bond with sureties, and conditions of non-tampering.

Gafoor K.S. Vs State of Kerala — Dowry and Cruelty | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.BHAVADASAN

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FRIDAY, THE 4TH DAY OF JANUARY 2013/14TH POUSHA 1934

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Bail Appl..No. 9289 of 2012 ()

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CRIME NO.566/2012 OF VELLARKUNDU POLICE STATION, KASARAGOD DISTRICT

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PETITIONER/ACCUSED(S):1 TO 6

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1. GAFOOR K.S., AGED 30 YEARS

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S/O.M.H. SULAIMAN NAIR RESIDING AT KARATT HOUSE, P.O. KANAKAPPALLY PARAPPA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

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2. M.H. SULAIMAN

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AGED 55 YEARS, RESIDING AT KARATT HOUSE P.O KANAKAPPALLY PARAPPA VILLAGE, HOSDURG TALUK KASARAGOD DISTRICT.

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3. JAMEELA

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W/O.M.H. SULAIMAN, AGED 47 YEARS RESIDING AT KARATT HOUSE P.O., KANAKAPPALLY PARAPPA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

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4. NASARATH K.S

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D/O.M.H. SULAIMAN, AGED 25 YEARS RESIDING AT KARATT HOUSE P.O., KANAKAPPALLY PARAPPA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

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5. SABHEER,

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S/O. M.H. SULAIMAN, AGED 23 YEARS RESIDING AT KARATT HOUSE P.O., KANAKAPPALLY PARAPPA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

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6. ZEENATH

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D/O.M.H. SULAIMAN, AGED 24 YEARS RESIDING AT KARATT HOUSE P.O., KANAKAPPALLY PARAPPA VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.

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BY ADV. SRI.SURESH KUMAR KODOTH

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tss

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B.A. NO.9289/2012

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RESPONDENT(S)/COMPLAINANT& STATE

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STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER VELLARIKUNDU POLICE STATION, KASARAGOD DISTRICT REPRESENTED THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT.LALIZA T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

tss

P.BHAVADASAN, J.

B.A. No.9289 of 2012

Dated this the 4^th day of January, 2013

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ORDER

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A family finds itself dragged before the Court by the wife of the first petitioner alleging offences punishable under Section s306 and 498A r/w 34 of IPC.

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It is pointed out by the learned counsel for the petitioners that the petitioners are totally innocent and the allegations are put up only for the purpose of the case.

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After having heard the learned counsel for the petitioners and the learned Public Prosecutor and after having perused the records, it is felt that this is a fit case where the extraordinary jurisdiction under Section 438 of Cr.P.C. needs to be exercised in favour of the petitioners. The petition is allowed as follows:

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The petitioners shall surrender before the Investigating Officer on or before 15.1.2013 who after interrogation shall produce them before the Judicial First Class Magistrate's court concerned, which court on application being moved by the petitioners shall release them on bail on each of them executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two solvent sureties each for the like sum each to the satisfaction of the JFCM concerned.

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B.A.No.9289/2012 :2:

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

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The petitioners shall appear before the Investigating Officer for interrogation as and when required by him.

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The petitioners shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.

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

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P.BHAVADASAN,

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Judge.

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okb.

Gafoor K.S. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Gafoor K.S. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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