Beena v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 Bail Appl..No. 443 of 2015 ------------------------------------ CRIME NO. 106/2014 OF VANITHA POLICE STATION, ERNAKULAM ...........

PETITIONER(S)/ACCUSED NOS.1 TO 3:

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1. BEENA, AGED 45 YEARS, W/O.SOMASEKHARAN, KIZHAKOOT HOUSE, THAIKKATUKARA POST, MUTTOM, ALUVA - 683 106.

2. BIJI, AGED 35 YEARS, W/O.BIJU, THADATHIL HOUSE, THIRUVANIYOOR POST, THIRUVANIYOOR - 682 308. (MOOLEKKUDY HOUSE, KIRANYELY, KOMBANAD).

3. PRAMEELA, AGED 46 YEARS, W/O.NARAYANAN, MANTHRAYIL HOUSE, THUTHIYOOR, KAKKANAD - 682 021.

BY ADVS.SRI.ASHIK K.MOHAMMED ALI SMT.SAJNA T.UMMER SMT.V.RAIMA RAMESH RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, VANITHA POLICE STATION, ERNAKULAM. (REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM).

BY PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

==================== B.A.No. 443 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner is alleged to have committed the offence under Section 354 of the Indian Penal Code, 1860. 3.

Heard.

4.

Having regard to the nature of allegations, the learned Public Prosecutor submits that custodial interrogation of the petitioner is not necessary.

In the result, this application is allowed.

1)The petitioners shall be released on bail on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

2)The petitioners shall surrender their passports before the lower court concerned or if they do not have one, they shall file affidavits to that effect within five days of their release.

3)They shall not leave India without the previous permission of the court of enquiry or trial court, as the case may be. 4)They shall appear before the Investigating Officer for

B.A.No. 443 of 2015 -: 2 :- interrogation if they are so required by him in writing. 5)They shall not intimidate or attempt to influence the witnesses.

6)They shall not destroy or tamper with evidence. 7)They shall not attempt to contact or communicate with the victim.

8)They shall not get themselves involved in any other criminal case while they are on bail.

9)They shall not harass the de facto complainant or her relatives.

If the petitioners surrender before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge