Geethakumari v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 10TH DAY OF AUGUST 2015/19TH SRAVANA, 1937 Bail Appl..No. 4536 of 2015 () ------------------------------- CRIME NO. 246/2015 OF NEDUMANGAD POLICE STATION, THIRUVANANDAPURAM ----------------- PETITIONER/ACCUSED NO.2 :
------------------------------------------ GEETHAKUMARI, AGED 40 YEARS, D/O.SYAMALA AMMA, SYAMALAYAM, ALAMCODE, ANAD P.O., NEDUMANGAD.
BY ADV. SRI.M.DINESH RESPONDENT(S)/COMPLAINANT:
---------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031.
BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
K. ABRAHAM MATHEW, J.
---------------------- B.A. No.4536 of 2015 -------------------------------------------- Dated this the 10th day of August 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioner is accused in Crime No.246 of 2015 of Nedumangadu Police station registered for the offences under Secs.406 and 420 read with Sec.34 of the Indian Penal Code. The dispute arose from a work contract.
3. Heard both sides.
4. It is submitted that the first accused has already been granted bail by this court in B.A. No.1703 of 2015.
5. It appears that this is essentially a civil dispute. It is yet to be ascertained whether there are elements of offence. So I am inclined to grant the prayer of the petitioner.
In the result, the bail application is allowed.
1) The petitioner shall be released on bail after interrogation on her executing a
B.A. No.4536 of 2015 2 bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum if she is arrested by the Police in connection with this case.
2) The petitioner shall appear before the Investigating Officer for interrogation if she is so required by him.
3) She shall surrender her passport before the lower court concerned or if she does not have the one, file an affidavit to that effect.
4) She shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.
5) She shall not destroy or tamper with evidence nor shall she get herself involved in any other criminal case.
6) She shall not intimidate or attempt to influence the witnesses.
7) She shall co-operate with investigation
B.A. No.4536 of 2015 3 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.
If the petitioner surrenders 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