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High Court of KeralaBail Appl./4138/2015allowed

Dr.Sylesh Kumar v. State Of Kerala

2015-07-17Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 17TH DAY OF JULY 2015/26TH ASHADHA, 1937 Bail Appl..No. 4138 of 2015 () ------------------------------- CRIME NO. 527/2015 OF KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT ------------- PETITIONER(S)/ACCUSED 1 TO 4:

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1. DR.SYLESH KUMAR, S/O.SADASIVAN, AGED 38 YEARS, SYLESH MANDIRAM, PUTHIYAKAVU, EDAPPAZHANADU, KILIMANOOR VILLAGE.

2. SYAMDUTH,S/O.SADASIVAN, AGED 35 YEARS, SYLESH MANDIRAM, PUTHIYAKAVU, EDAPPAZHANADU, KILIMANOOR VILLAGE.

3. SALEESH DUTH, S/O.SADASIVAN,AGED 30 YEARS, SYLESH MANDIRAM, PUTHIYAKAVU, EDAPPAZHANADU, KILIMANOOR VILLAGE.

4. SHEEBA,W/O.SYLESH KUMAR, AGED 30 YEARS, SYLESH MANDIRAM, PUTHIYAKAVU, EDAPPAZHANADU, KILIMANOOR VILLAGE.

BY ADV. SRI.G.SUDHEER RESPONDENT/COMPLAINANT:

------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.PIN-682 031 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4138 of 2015 -------------------------------------------- Dated this the 17th day of July 2015

O R D E R

Petition filed under Sec.438 Cr.P.C.

2. Petitioners are accused in Crime No.527 of 2015 of Kilimanoor Police station registered for the offences under Secs.143, 144, 147, 149, 324, 354, 427 and 506 of the Indian Penal Code. The prosecution case is that using a JCB, the petitioners destroyed the compound wall of the victim causing her a loss of Rs.15,000/-. It is further alleged that they threatened and assaulted her and outraged her modesty.

3. Heard both sides.

4. This essentially is an assault case. There were civil disputes between the parties. Having regard to these facts, I am inclined to grant the prayer of the petitioners.

In the result, the bail application is allowed.

1) The petitioners shall be released on bail after interrogation on their executing a bond for Rs.25,000/- (Rupees twenty five

B.A. No.4138 of 2015 2 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) The petitioners shall deposit Rs.3,500/- (Rupees three thousand and five hundred only) in the Trial Court within three days.

3) The petitioners shall appear before the Investigating Officer for interrogation if they are so required by him in writing.

4) The petitioners shall not destroy or tamper with evidence nor shall they get themselves involved in any other criminal case.

5) The petitioners shall not intimidate or attempt to influence the witnesses.

6) The petitioners shall co-operate with investigation of the case.

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 NS