Allowed

Ibrahim v. the Sub Inspector of Police, Chittar Police Station

Kerala HC14 Nov 2018Bail Appl./2398/2018

Case brief

AI extract

What is this about?

The Court allowed an anticipatory bail application filed by Ramadan Ibrahim and Sainaba, owners of land accused of suppresssing a property attachment in a duplicate complaint. The bench granted pre-arrest bail on conditions including appearance before the IO and execution of a bond.

What did the court decide?

Granted anticipatory bail subject to appearance before the Investigating Officer within 10 days, execution of a bail bond of ₹40,000 with two sureties, and prohibition of threatening witnesses.

Ibrahim Vs the Sub Inspector of Police, Chittar Police… — Anticipatory Bail | Kerala HC (2018)

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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 SUNIL THOMAS

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WEDNESDAY,THE 14TH DAY OF NOVEMBER 2018 / 23RD KARTHIKA, 1940

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Bail Appl..No. 2398 of 2018

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CRIME NO. 94/2018 OF CHITTAR POLICE STATION, PATHANAMTHITTA

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PETITIONER/ACCUSED:

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1 IBRAHIM, AGED 48 YEARS, S/O. HASSAN RAWTHER, EZHIVEETTIL HOUSE, PANNIYAR COLONY, CHITTAR P.O., KONNI TALUK, PATHANAMTHITTA DISTRICT.

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2 SAINABA

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AGED 46 YEARS, W/O. IBRAHIM, AGED 48 YEARS, S/O. HASSAN RAWTHER, EZHIVEETTIL HOUSE, PANNIYAR COLONY, CHITTAR P.O., KONNI TALUK, PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.V.SETHUNATH

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RESPONDENT/COMPLAINANT/STATE:

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1 THE SUB INSPECTOR OF POLICE, CHITTAR POLICE STATION PATHANAMTHITTA P.O., PIN - 689 663.

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2 STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

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OTHER PRESENT:

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PP AJITH MURALI

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 2398 of 2018

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O R D E R

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Petitioners were the owners of a land having an extent of 2.96 Acres of land. He sold 32.78 cents of land from the above parcel of land to the 3^rd accused for consideration. Later the 3^rd accused filed a complaint alleging that the subsisting attachment over the property was not

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disclosed. Crime was registered and apprehending arrest, the petitioners seek bail.

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2. According to the learned counsel for the petitioners, the value and extent of property is so high, that even the amount can be recovered from the portion of land in possession of the petitioners herein. It was submitted that in the above circumstances, the de facto complainant need not disclose the attachment. It was stated that mutation of the property was effected and even a

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Bail Appl..No. 2398 of 2018

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statement was given before the Police stating that the de facto complainant has no complaint. Having considered these facts, I am inclined to grant the benefit of pre-arrest bail to the petitioners.

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Hence, the anticipatory bail application is allowed on the following conditions:

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(i) Petitioners shall appear before the

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Investigating Officer within 10 days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on each of the petitioner executing a bond for a sum of 40,000/- (Rupees₹ forty thousand only) with two sureties for the like sum each.

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(ii) They shall not threaten, coerce or intimidate the defacto complainant or the witnesses.

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(iii) They shall appear before the Investigating

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Bail Appl..No. 2398 of 2018

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Officer as and when called for and co-operate with

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the investigation.

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Sd/-

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SUNIL THOMAS, JUDGE

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Pn 15/11

Ibrahim v. the Sub Inspector of Police, Chittar Police Station

Case brief

What is this about?

What did the court decide?

Ibrahim v. the Sub Inspector of Police, Chittar Police Station

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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