Allowed

Nazir Ahmed v. State of Kerala

Kerala HC20 May 2014Bail Appl./3259/2014

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an anticipatory bail application filed by accused persons charged with offences under Section 323 and 498(A) IPC. The court granted bail subject to standard conditions regarding tampering with evidence and cooperation with investigation.

What did the court decide?

Anticipatory bail granted against arrest, requiring bond of Rs. 25,000 with two solvent sureties and compliance with standard conditions.

Nazir Ahmed Vs State of Kerala — Dowry and Cruelty | Kerala HC (2014)

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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 B.KEMAL PASHA

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TUESDAY, THE 20TH DAY OF MAY 2014/30TH VAISAKHA, 1936

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Bail Appl..No. 3259 of 2014

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CRIME NO. 321/2014 OF BEKAL POLICE STATION , KASARAGOD

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PETITIONERS/ACCUSED 2 & 3:

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1. NAZIR AHMED, AGED 65 YEARS,

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S/O.AHMED GULAM, RESIDING AT DOOR NO.1132/28, PRABHA NAGAR, MELINA MOGARU, ATTAVAR, MANGALORE, DAKSHINA KANNADA DISTRICT, KARNATAKA STATE.

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2. MUMTAZ, AGED 55 YEARS, W/O.NAZIR AHMED, RESIDING AT DOOR NO.1132/28, PRABHA NAGAR, MELINA MOGARU, ATTAVAR, MANGALORE, DAKSHINA KANNADA DISTRICT, KARNATAKA STATE.

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BY SRI.M.RAMESH CHANDER,SENIOR ADVOCATE ADVS.SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE

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RESPONDENTS/COMPLAINANT/STATE:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI -682 031.

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2. STATION HOUSE OFFICER, BEKAL POLICE STATION, KASARAGODE - 671 317.

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BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Kss

B. KEMAL PASHA, J.

B.A.No.3259 of 2014

Dated this the 20^th day of May, 2014

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ORDER

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Petition under section 438 Cr.P.C. Petitioners are accused Nos.2 and 3 in Crime No.321/2014 of the Bekal Police Station registered for the offences punishable under Section 323 and 498(A) read with Section 34 of the Indian Penal Code.

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2.The allegation against the petitioners and the other accused is that they have tortured and harassed the de facto complainant, who is the wife of the first accused and treated her with cruelty. The petitioners are the parents of the first accused.

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3.Heard the learned counsel for the petitioners and the learned Public Prosecutor.

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4.It seems that all the main allegations are against the first accused. The petitioners are the parents of the first

B.A.No.3259 of 2014

accused.

5.Considering the facts and circumstances, the present stage of investigation, and the submissions made by the learned counsel for the petitioners, I am of the view that this is a fit case in which anticipatory bail can be granted to the petitioners.

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In the result, the anticipatory bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioners on bail in the event of his arrest on his executing a bond for 25,000/- (Rupees₹ twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-

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I. The petitioners shall not tamper with the evidence or influence witnesses.

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II. The petitioners shall co-operate with the investigation and shall make themselves

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B.A.No.3259 of 2014

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available for interrogation as and when required by the investigating officer.

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III. The petitioners shall not involve in any offence while on bail.

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It is made clear that violation of any of the conditions stipulated above will result in cancellation of bail.

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sd/B. KEMAL PASHA, JUDGE.

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AMV

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/TRUE COPY/

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P.A.TO JUDGE

Nazir Ahmed v. State of Kerala

Case brief

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Nazir Ahmed v. State of Kerala

Case brief

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