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KABEENA, CHAITHANYA versus STATE OF KERALA, REP. BY THE

High Court of Kerala

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KABEENA, CHAITHANYA v. STATE OF KERALA, REP. BY THE - Bail Appl No. 4120 of 2007 [2007] RD-KL 13124 (16 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4120 of 2007()

1. KABEENA, CHAITHANYA,
... Petitioner

2. RANEEZA, CHAITHANYA,

3. SAFIYA BEEVI, W/O ABDULSALAM,

4. ABDULSALAM, SAFIYA MANZIL,

5. T.I.UNNIRAJA, ADVOCATE,

Vs

1. STATE OF KERALA, REP. BY THE
... Respondent

2. SUB INSPECTOR OF POLICE,

For Petitioner :SRI.R.ANILKUMAR

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :16/07/2007

O R D E R

R.BASANT, J.

B.A.No.4120 of 2007

Dated this the 16th day of July 2007

O R D E R

Application for anticipatory bail. Petitioners are accused 1 to 5. Altogether there are nine accused persons. There are civil disputes between accused 1 to 4 and the de facto complainant. Civil suits are pending. The fifth accused is an advocate who appears on behalf of accused 1 to 4. Two police constables are also included in the array of the accused. Crime has been registered inter alia under Section 379 I.P.C on the basis of a private complaint filed before the learned Magistrate and referred by the learned Magistrate to the police. Investigation is in progress. The petitioners apprehend imminent arrest.

2. The learned counsel for the petitioners submits that the allegations are totally unjustified. The criminal complaint is only an off shoot of a civil dispute and consequential litigation between the parties. False and exaggerated allegations are raised in the private complaint only with the intention of vexing and harassing the petitioners. Appropriate directions may be B.A.No.4120/07 2 issued under Section 438 Cr.P.C, submits the learned counsel for the petitioner.

3. The learned Public Prosecutor does not seriously oppose the said prayer. The learned Public Prosecutor submits that, subject to appropriate conditions, directions can be issued under Section 438 Cr.P.C.

4. I am satisfied in the facts and circumstances of this case that appropriate directions under Section 438 Cr.P.C can be issued in favour of the petitioner. In the nature of the facts and circumstances to which I have referred to briefly, I am satisfied that it is not necessary to embark on a detailed narration of the allegations and considerations of the acceptability of such allegations.

5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner.

i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 23/7/2007. ii) They shall be released on regular bail on condition that they execute bonds for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. B.A.No.4120/07 3 iii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 1 p.m on 24/07/2007 during which period, the police shall be entitled to question the petitioners in custody. Thereafter, the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (iv) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law, as if these directions were not issued at all.

(v) If they were arrested prior to 23/7/2007, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 23/7/2007.

(R.BASANT, JUDGE)

jsr // True Copy// PA to Judge B.A.No.4120/07 4 B.A.No.4120/07 5

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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