← Library
High Court of KeralaBail Appl./3745/2015allowed

Rajan v. State Of Kerala

2015-07-06Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 Bail Appl..No. 3745 of 2015 () ------------------------------- CRIME NO. 639/2015 OF AROOR POLICE STATION, ALAPPUZHA DISTRICT ------------------ PETITIONERS/ACCUSED 1 TO 3 :

------------------------------------------------

1. RAJAN, AGED 52 YEARS PUTHUVALLI NIKARTHIL, ANJILIKKAD ROAD, AROOR VILLAGE, AROOR P.O.

2. VIJI RAJAN, AGED 45 YEARS W/O.RAJAN, PUTHUVALLI NIKATHIL HOUSE, ANJILIKKAD ROAD, AROOR VILLAGE, AROOR P.O.

3. BIJU, AGED 47 YEARS S/O.THANKAPPAN, MARIYAM VEEDU, SDPY ROAD PALLURUTHY, KOCHI - 6.

BY ADVS.SRI.ABRAHAM P.GEORGE SRI.K.VINOD KUMAR SMT.M.SANTHY RESPONDENT :

------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA THROUGH SUB INSPECTOR OF POLICE AROOR POLICE STATION, ALAPPUZHA DISTRICT.

BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

==================== B.A.No. 3745 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioners are alleged to have committed the offences 294(b), 323, 341 and 354 read with Section 34 of IPC. The prosecution case is that they uttered obscene words, wrongfully restrained the victim, assaulted her and outraged her modesty. 3.

Heard.

4.

The allegations against the petitioners are not very serious. The victim did not sustain any serious injuries. This essentially appears to be an assault case. Having regard to these facts, I am inclined to grant the prayer.

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)They shall appear before the Investigating Officer for interrogation if they are so required by him in writing. 3)They shall not destroy or tamper with evidence.

B.A.No. 3745 of 2015 ::2::

4)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