Kerala High Court
Ayisha vs State Of Kerala on 3 November, 2021
BAIL APPL. NO. 8367 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
BAIL APPL. NO. 8367 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 1386/2021 OF DISTRICT COURT & SESSIONS
COURT,KOZHIKODE, KOZHIKODE
PETITIONER/S:
1 AYISHA
AGED 64 YEARS
W/O AMMAD, RESIDING AT MADAKKU MOOLAYIL HOUSE,P.O.VELAM-
PERUVAYAL, VIA.KUTTIADI, KOZHIKODE-673507.
2 SAMEENA KANJACHALIL,
AGED 35 YEARS
D/O.AMMAD, RESIDING AT KUNJACHALIL HOUSE, PUTHUPANAM.P.O,
THIRUVALLUR,
VADAKARA, THIRUVANANTHAPURAM-673541.
BY ADVS.
S.K.PREMRAJ
C.ANIL KUMAR
V.SARITHA
P.M.MANASH
REENU KURIAN
T.SHAJITH
S.K.SAJU
NEEMA NOOR MOHAMED
JAIN VARGHESE
NAVAS JAN A.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682018.
2 STATION HOUSE OFFICER,
KUTTIADI POLICE STATION,KOZHIKODE-673508,
(NOTICE TO WHO IS ALSO SERVED ON THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM).
SRI.C.N.PRABHAKARAN.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 8367 OF 2021
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ORDER
This is an application for anticipatory bail.
The petitioners are the accused Nos.2 and 3 in Crime No.744/2021 of the
Kuttiadi Police Station, Kozhikode District. The allegation against the
petitioners is that they attacked the defacto complainant and her relatives
using bamboo sticks and caused injuries to them when the defacto
complainant had come to reside in the house of the 1 st petitioner's son
(Abdul Latheef), following an order passed by the Judicial First Class
Magistrate, Perambra under the provisions of the Domestic Violence Act,
2005. There are more serious allegations against the son of the 1 st petitioner
(Abdul Latheef), who was arrested on 15.10.2021. I have by a separate order
granted regular bail to the aforesaid Abdul Latheef in Bail Application
No.8361/2021.
2. Having heard learned Counsel for the petitioner and the learned
Public Prosecutor and having regard to the allegations raised against the
petitioners and also having regard to the judgment in [Arnesh Kumar v.
State of Bihar (2014 (8) SCC 273], I am inclined to grant anticipatory
bail to the petitioners. Accordingly, this bail application is allowed, the
petitioners shall be released on bail in the even of arrest in connection with
Crime No.744/2021 of the Kuttiadi Police Station, Kozhikode District,
subject to the following conditions.
(i) Petitioners shall execute bonds for sums of Rs.50,000/-
BAIL APPL. NO. 8367 OF 2021
(Rupees fifty thousand only) with two solvent sureties each for the like
sum to the satisfaction of the jurisdictional Court;
(ii) Petitioners shall appear before the investigating officer in Crime
No.744/2021 of the Kuttiadi Police Station, Kozhikode District as and
when summoned to do so;
(iii) The petitioners shall not attempt to contact the victim or the de
facto complainant or interfere with the investigation or to influence or
intimidate any witness in Crime No.744/2021 of the Kuttiadi Police
Station, Kozhikode District;
(iv) The petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating
officer in Crime No.744/2021 of the Kuttiadi Police Station,
Kozhikode District may file an application before this Court, for
cancellation of bail.
Sd/
GOPINATH P.
JUDGE
