Allowed

Sidhique, v. State of Kerala

Kerala HC11 Apr 2024Bail Appl./2305/2024

Case brief

AI extract

What is this about?

The High Court of Kerala granted anticipatory bail to four petitioners accused of offences under Sections 406 and 498A IPC. The court held that detention during the investigation was not necessary, subject to conditions regarding witness interference and court appearances.

What did the court decide?

Bail application allowed; directed to surrender within two weeks; release on execution of bond with sureties under specified conditions.

Sidhique, Vs State of Kerala — Domestic Violence | Kerala HC (2024)

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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.G. AJITHKUMAR

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THURSDAY, THE 11^TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946

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BAIL APPL. NO. 2305 OF 2024

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CRIME NO.305/2024 OF AREEKODE POLICE STATION, MALAPPURAM

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PETITIONER:

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1 SIDHIQUE, AGED 60 YEARS S/O HAMSA, KOORIYIL HOUSE, THOOTHA, PERINTHALMANNA., PIN - 679357

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2 SULEIKA , AGED 58 YEARS W/O SIDHIQUE, KOORIYIL HOUSE, THOOTHA, PERINTHALMANNA, PIN - 679357

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3 MOHAMMED ASHRAF , AGED 37 YEARS S/O SIDHIQUE, KOORIYIL HOUSE, THOOTHA, PERINTHALMANNA, PIN - 679357

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4 HASEEBA, AGED 38 YEARS W/O ABDUL SALAM, MATTARAKKAL HOUSE, THOOTHA, PERINTHALMANNA, PIN - 679357

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BY ADV DENIZEN KOMATH

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER, AREACODE POLICE STATION, AREACODE POST, MALAPPURAM-DT, KERALA, PIN - 673639

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OTHER PRESENT:

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PP – M.P PRASANTH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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BAIL APPL. NO. 2305 OF 2024

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O R D E R

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This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.

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The petitioners are the accused in Crime No.305/2024 of Areekode Police Station for having allegedly committed the offences punishable under Sections 406 and 498A of the Indian Penal Code, 1860.

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The prosecution case is as follows:

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The petitioners 1 and 2 are the parents-in-law of the de facto complainant and petitioners 3 and 4 are the siblings of the husband of the de facto complainant. They allegedly had subjected the de facto complainant to cruelty and harassment with a view to accept their illegal demands.

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The petitioners would contend that they did not involve in the alleged crime and without any material or evidence, they was implicated in the crime.

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The learned Public Prosecutor opposes the application on the ground that unless the petitioners are arrested and questioned, the investigation in the matter cannot be completed in an appropriate way.

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Having heard the learned counsel on both sides and considering the nature of the offence, I am of the view that the

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BAIL APPL. NO. 2305 OF 2024

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detention of the petitioners during the period of investigation is not necessary in this case.

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In the result, the bail application is allowed and the applicants is directed to surrender before the investigating officer within two weeks. After interrogation and in the event of petitioners being arrested, they shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

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(i) They shall not influence or intimidate witnesses or tamper with evidence;

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(ii) They shall appear before the investigating officer as and when called for; and

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(iii) During the bail period, they shall not get involved in any offence.

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In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

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Sd/-

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P.G. AJITHKUMAR JUDGE

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Sidhique, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sidhique, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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