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High Court of KeralaBail Appl./3134/2015allowed

Sethumadhavan Nair v. State Of Kerala

2015-06-173 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937 Bail Appl..No. 3134 of 2015 () ------------------------------- AGAINST THE ORDER/JUDGMENT IN CRMP 1272/2015 of SESSIONS COURT, PALAKKAD DATED 16-05-2015 CRIME NO. 389/2015 OF OTTAPALAM POLICE STATION, PALAKKAD PETITIONER(S)/ACCUSED 2&3:

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1. SETHUMADHAVAN NAIR, AGED 64 YEARS S/O.SANKARAN NAIR, B-406, DC PARK NEAR VISALI CINEMA NADIDA, KHEDA DISTRICT GUJARAT STATE.

2. RATHNA NAIR, AGED 54 YEARS W/O.SETHUMADHAVAN NAIR, B-406, DC PARK NEAR VISALI CINEMA NADIDA, KHEDA DISTRICT GUJARAT STATE.

BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT(S)/STATE:

-------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE OTTAPALAM POLICE STATION.

BY PUBLIC PROSECUTOR SMT.M.G.LISHA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Pn

B.SUDHEENDRA KUMAR, J.

-------------------------------------------- Bail Application No. 3134 of 2015 ------------------------------------------- Dated this the 17th day of June, 2015

O R D E R

The petitioners are accused Nos.2 and 3 in Crime No.389/2015 of Ottappalam Police Station registered under Section 498A read with Section 34 of the Indian Penal Code. 2.

The petitioners have filed this application under Section 438 Cr.P.C.

3.

Heard.

4.

The learned Public Prosecutor has no serious objection in allowing this application. Considering the facts and circumstances of the case, including the relationship between the defacto complainant and the petitioners, I am inclined to grant the relief under Section 438 Cr.P.C. in favour of the petitioners.

In the result, this application stands allowed and the respondent is directed to release the petitioners on bail in the event of their arrest in connection with Crime No.389/2015 of Ottapalam Police Station, on condition of each of the petitioners executing a bond for Rs.10,000/- (Rupees ten thousand only) each, with two solvent sureties each, each for the like sum to the satisfaction of the Sub Inspector of Police,

B.A. No. 3134 of 2015 Ottappalam Police Station, before whom the petitioners shall surrender within ten days from today and subject to the following further conditions:

(1) The petitioners shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

(2) The petitioners shall not intimidate or influence the witnesses or in anyway tamper with the investigation.

(3) The petitioners shall not get involved in any offence during the pendency of this case.

Sd/- B.SUDHEENDRA KUMAR, JUDGE.

/true copy/ P. A. to Judge Pn