Allowed

Abdul Nazar v. State of Kerala

Kerala HC24 Jan 2022Bail Appl./193/2022

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to Abdul Nazar in an FIR alleging offences under Sections 447, 354, and 509 of the IPC. The court considered the petitioner's involvement in a talak document and directed release subject to conditions.

What did the court decide?

Released on anticipatory bail subject to execution of bond, cooperation with investigation, and conditions prohibiting contact with complainant.

Abdul Nazar Vs State of Kerala — Cheating and Forgery | Kerala HC (2022)

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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 GOPINATH P.

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MONDAY, THE 24^TH DAY OF JANUARY 2022 / 4TH MAGHA, 1943

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BAIL APPL. NO. 193 OF 2022

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CRIME NO.845/2021 OF FEROKE POLICE STATION, KOZHIKODE

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PETITIONER/ACCUSED:

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ABDUL NAZAR AGED 49 YEARS S/O. ALI KOYA, AMBAYATHINGAL, POOTHARAMBATH HOUSE, P.O. CHALIYAM, KOZHIKODE DISTRICT. PIN - 673301

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BY ADVS. SUNIL V.MOHAMMED P.KULUSU MANOJ N.

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RESPONDENT/STATE:

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THE STATE OF KERALA REP.BY THE STATION HOUSE OFFICER FEROKE POLICE STATION,KOZHIKODE DISTRICT THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, PIN - 682031

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SMT. SEENA C. (PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No. 193 of 2022

GOPINATH.P, J

B.A. No. 193 of 2022

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Dated this the 24^th day of January, 2022

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O R D E R

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The petitioner is the sole accused in Crime No.845/2021 of Feroke Police Station, Kozhikode District alleging commission of offences under Sections 447, 354(b) and 509 of the Indian Penal Code.

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The allegation against the petitioner is that he was continuously stalking the de facto complainant with sexual intent and in between 15.10.2021 and 16.10.2021, the petitioner trespassed the house of the de facto complainant and caught hold of her hand demanding sexual favours. Learned counsel for the petitioner submits that the first information report is registered only on account of the fact that the petitioner is a signatory to the talak pronounced by the husband of the de facto complainant, as is evident from Annexure-1. It is submitted that the petitioner is absolutely innocent in the matter and that the petitioner has not committed the offences alleged against him.

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Heard the learned Public Prosecutor also.

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Though the learned Public Prosecutor submits that though the

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first information report has been given after the date shown in Annexure-1 Talak Nama, that by itself does not indicate that the allegations are false. It

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B.A. No. 193 of 2022

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is submitted that the thorough investigation is required in the matter.

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Having regard to the facts and circumstances of the case and taking into account the fact the nature of the allegations against the petitioner and taking into account the fact that the petitioner is the first witness to Annexure-1 Talak Nama and that the complaint in question has been filed by the de facto complainant only after the date of Annexure-1, I am of the opinion that the petitioner can be granted anticipatory bail subject to conditions.

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In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of his arrest in connection with Crime No.845/2021 of Feroke Police Station subject to the following conditions:-

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(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

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(ii) Petitioner shall co-operate with the investigation and shall appear before the investigating officer as and when called upon to do so;

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(iii) Petitioner shall not attempt to contact the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.845/2021 of Feroke Police Station;

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(iv) Petitioner shall not involve in any other crime while on bail.

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If any of the aforesaid conditions are violated, the Investigating officer in Crime No.845/2021 of Feroke Police Station may file an application

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B.A. No. 193 of 2022

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before the jurisdictional Court for cancellation of bail.

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Sd/-GOPINATH.P JUDGE

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lsn

Abdul Nazar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abdul Nazar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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