Ayisha N v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 Bail Appl..No.1770 of 2015 ------------------------------------- CRIME NO.409/2015 OF PAYYANNUR POLICE STATION,KANNUR. ..

PETITIONER/ACCUSED NO.2:

------------------------------------------- AYISHA.N,W/O. SALAM,AGED 39 YEARS, NAGUARATH HOUSE,PERALAUR,KOZHUMMEL P.O., KARIVELLUR VIA,KANNUR DISTRICT.

BY ADV.SRI.I.V.PRAMOD RESPONDENT/COMPLAINANT/STATE:

------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM -682 031.

BY PUBLIC PROSECUTOR SRI.REJI JOSEPH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

K. ABRAHAM MATHEW, J.

--------------------------------------- B.A. No. 1770 of 2015 ---------------------------------------- Dated this the 12th day of May, 2015

ORDER

Petition filed under Section 438 Cr.P.C.

2. Petitioner is alleged to have committed the offences under Sections 341, 323, 324, 506(i) and 354 read with Section 34 of the Indian Penal Code. It is submitted that the allegation against the petitioner is false and her name was not even mentioned in the First Information Statement.

3. Heard.

4. The name of the petitioner does not find a place in the FI Statement. Her name was added later. More over, the nature of the incident compels me to hold that custodial interrogation of the petitioner is not necessary. In the result, this application is allowed.

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

B.A. No. 1770 of 2015

2) She shall appear before the Investigating Officer for interrogation if she is so required by him in writing.

3) She 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.

K. ABRAHAM MATHEW JUDGE DMR/-