Sooppy v. Sub Inspector Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 Bail Appl..No. 1596 of 2015 () ------------------------------- CRIME NO. 114/2015 OF KUTTIADI POLICE STATION, KOZHIKODE DISTRICT ---------------- PETITIONER/2ND ACCUSED :
------------------------------------------------- MR. SOOPPY, AGED 65 YEARS, KOMATH HOUSE, SANTHI NAGAR, VELAM, VADAKARA TALUK, KOZHIKODE.
BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S)/COMPLAINANT/STATE :
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1. THE SUB INSPECTOR OF POLICE, KUTTIADI POLICE STATION.
2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
B.KEMAL PASHA, J.
................................................................ B.A. No.1596 OF 2015 ............................................................... Dated this the 26th day of March, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2.
Petitioner is the 2nd accused in Crime No.114/2015 of the Kuttiadi Police Station, Kozhikode registered for the offences punishable under Sections 498A, 506(i) and 354 of the Indian Penal Code.
3.
The allegation against the petitioner and the other accused is that they have tortured and harassed the defacto complainant, who is the wife of the first respondent and treated her with cruelty by demanding more dowry, after misappropriating her entire gold ornaments and money. It is
B.A.No. 1596 of 2015 -: 2 :- also alleged that the 2nd accused had made certain sexual overtures towards the defacto complainant and once he had caught hold of her hand and caressed her hair. 4.
Heard learned counsel for the petitioner and the learned Public Prosecutor.
5.
It seems that the investigation of this case is practically over. No criminal antecedents have been reported against the petitioner. Considering the trivial nature of the allegations against the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. 6.
In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioner, is directed to enlarge the petitioner on bail in the event of his arrest on his executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
B.A.No. 1596 of 2015 -: 3 :- (i) The petitioner shall report before the investigating officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays commencing from 02.04.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the investigating officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge