Shajitha v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 Bail Appl..No. 4437 of 2015 ---------------------------------------- CRIME NO. 684/2015 OF VADAKKEKADU POLICE STATION , THRISSUR DISTRICT ------------------- PETITIONER(S)/ACCUSED NO 2 &3 :
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1. SHAJITHA, AGED 32 YEARS, W/O.RASHEED, KULATHIL VALAPPIL HOUSE, AILAKKAD, EDAPPAL, MALAPPURAM.
2. ASHRAF @ MOHAMMED ASHRAF, AGED 50 YEARS, S/O.MOIDEENKUTTY, NO.E-3/15, COCHIN PORT QUARTERS, WELLINGTON ISLAND, KOCHI.
BY ADVS.SRI.K.M.FIROZ SRI.NIDHI BALACHANDRAN RESPONDENT(S)/STATE AND COMPLAINANT :
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031
2. SUB INSPECTOR OF POLICE, VADAKKEKAD POLICE STATION, THRISSUR-679 562 BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K. ABRAHAM MATHEW, J.
---------------------- B.A. No.4437 of 2015 -------------------------------------------- Dated this the 30th day of July 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioners are accused in Crime No.684 of 2015 of Vadakkekadu Police station registered for the offence under Sec.498A read with Sec.34 of the Indian Penal Code. They are close relatives of the 1st accused who is the husband of the first informant. The allegation is that all the accused subjected the victim to cruelty.
3. Heard both sides.
4. There is no allegation that the victim sustained any serious injuries. It appears that reconciliation is not impossible. So 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 fifty thousand only) each with two solvent sureties each for
B.A. No.4437 of 2015 2 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 surrender their passports before the lower court concerned or if they do not have the one, file affidavits to that effect.
4) They shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.
5) They shall not destroy or tamper with evidence nor shall they get themselves involved in any other criminal case.
6) They shall not intimidate or attempt to influence the witnesses.
7) 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
B.A. No.4437 of 2015 3 cancel the bail in accordance with the law.
If the petitioners surrender before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.
Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge