Reena v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 28TH DAY OF MAY 2015/7TH JYAISHTA, 1937 Bail Appl..No. 1096 of 2015 () ------------------------------- CRIME NO. 1201/2014 OF VADAKARA POLICE STATION , KOZHIKODE DISTRICT ------------------- PETITIONER(S)/ACCUSED 2,4 & 6:
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1. REENA, AGED 35 YEARS,D/O. POCKEN, KANDOTH MALAYIL HOUSE, THIRUVALLUR, VADAKARA.
2. SUNIL, AGED 30 YEARS, S/O. POCKEN, KANDOTH MALAYIL HOUSE, THIRUVALLUR, VADAKARA.
3. NARAYANI AGED 70 YEARS, W/O. POCKEN, KANDOTH MALAYIL HOUSE, THIRUVALLUR, VADAKARA.
BY ADV. ZUBAIR PULIKOOL RESPONDENT/COMPLAINANT:
----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - B.A. No.1096 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2.
Petitioners are alleged to have committed the offences under Sections 143, 147, 148, 341, 323, 324, 326 and 420 read with Section 149 of Indian Penal Code. 3.
The first petitioner is said to be the divorced wife of the first informant. The third petitioner is her mother. The prosecution case is that the petitioners along with the co-accused armed with deadly weapons assaulted the first informant causing him serious injuries. 4.
Heard.
5.
The learned Public Prosecutor submits that accused Nos.1 and 5 were arrested. In spite of it the weapons could not been recovered. The submission of the learned counsel is that this itself indicates that no weapon was used and first informant sustained injuries in a fall. First petitioner is a woman. There is no allegation that the other petitioners used any weapon. Having regard to these facts I am inclined to grant the prayer of the petitioners for
B.A. No.7096 of 2015 anticipatory bail.
In the result, this application is allowed.
1) The petitioners shall be released on bail after interrogation on their executing a bond for Rs.Twenty five thousand each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case. 2) They shall appear before the Investigating Officer on every Friday between 10 am and 11 am for 3 months or till the final report is filed, whichever is earlier. 3) They shall not destroy or tamper with evidence. 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 R.AV //True Copy// PA to Judge
B.A. No.7096 of 2015