The High Court at Ernakulam granted anticipatory bail under Section 438 Cr.P.C. to three accused persons facing allegations of murder and cruelty in a suicide death case, holding custodial interrogation unnecessary.
Bail granted with bond of Rs. 75,000/-, cooperation for investigation, and weekly reporting for three months or until final report.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BABU
THURSDAY, THE 04TH DAY OF APRIL 2019 / 14TH CHAITHRA, 1941
Bail Appl..No. 1601 of 2019
CRIME NO. 50/2019 OF Pothukallu Police Station , Malappuram
PETITIONER/S:
1 MOHAMMED
AGED 62 YEARS S/O KUTTIALI CHERUKARA HOUSE, THAMPURATTIKKALLU,POTHUKALLU, NILAMBUR ,MALAPPURAM DISTRICT.
2 AMINA, AGED 50 YEARS W/O MOHAMMED,CHERUKARA HOUSE, THAMPURATTIKKALLU,POTHUKALLU, NILAMBUR,MALAPPURAM DISTRICT.
3 SHAHARBHANU,
AGED 32 YEARS W/O USMAN,PULIKKUNNUMMAL HOUSE, THAMPURATTIKKALLU,POTHUKALLU,NILAMBUR, MALAPPURAM DISTRICT.
BY ADVS. SRI.P.SAMSUDIN SRI.JITHIN LUKOSE
RESPONDENT/S:
THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-682031. ( CRIME NO.50/2019 POTHUKALLU POLICE STATION IN MALAPPURAM DISTRICT).
OTHER PRESENT:
SRI.C.K.PRASAD-PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Bail Appl..No. 1601 of 2019
ORDER
Bail is sought under Sec.438 of Cr.P.C. Petitioners are accused 3 to 5 in crime no.50/2019 of Pothukallu police station in Malappuram district. The offences alleged against them are those punishable under Secs 306 and 498A of IPC read with IPC 34.
3
Bail Appl..No. 1601 of 2019
investigating officer. The petitioners shall co-operate with the investigation. They shall make themselves available for interrogation if so required by the investigating officer. They shall report to the investigating officer between 10 am and 11 am on every Wednesday for a period of three months or till the filing of the final report, whichever is earlier. The petitioners shall not intimidate or attempt to influence witnesses. Nor shall they destroy or tamper with evidence. The magistrate having jurisdiction is hereby empowered to cancel the bail in accordance with law if any of the conditions aforementioned is violated. If the petitioners surrender before the magistrate, this order will cease to have effect and the learned magistrate will pass appropriate orders as if this order has not been passed.
Sd/-
A.M.BABU
JUDGE
SKS/5.4.2019
1 issue framed by the court
Whether the applicants qualify for anticipatory bail under Section 438 Cr.P.C. given the gravity of allegations against co-accused.
2 provisions across 2 enactments
Mohammed
Amina
Shaharbanu
The State of Kerala
A.M. Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
