Vinesh Kumar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 5TH DAY OF AUGUST 2015/14TH SRAVANA, 1937 Bail Appl..No. 4586 of 2015 () ------------------------------- CRIME NO. 296/2015 OF VYTHIRI POLICE STATION, WAYANAD DISTRICT -------------------- PETITIONERS/ACCUSED :
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1. VINESH KUMAR S/O.SIVAPRASAD, AGED 32 YEARS GOKULAM HOUSE, MANNATHYVAYAL KAIYOONI P.O., PANTHALLOOR TALUK, NEELAGIRI DISTRICT, TAMIL NADU.
2. SANTHA W/O.SIVAPRASAD, AGED 54 GOKULAM HOUSE, MANNATHYVAYAL KAIYOONI P.O., PANTHALLOOR TALUK, NEELAGIRI DISTRICT, TAMIL NADU.
3. MYTHILI D/O.SANTHA, AGED 40 GOKULAM HOUSE, MANNATHYVAYAL KAIYOONI PO, PANTHALLOOR TALUK, NEELAGIRI DISTRICT, TAMIL NADU.
BY ADV. SRI.V.SHYAM RESPONDENT/COMPLAINANT :
---------------------------------------------------- STATE OF KERALA (REP. BY S.I. OF POLICE VYTHIRI POLICE STATION-CRIME NO.296/2015) REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
K. ABRAHAM MATHEW, J.
-------------------------- B.A. No.4586 of 2015 -------------------------------------------- Dated this the 5th day of August 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioners are accused in Crime No.296 of 2015 of Vythiri Police station registered for the offences under Secs.323, 405, 406 and 498A read with Sec.34 of the Indian Penal Code. The first petitioner is the husband of the victim and the other petitioners are his mother and sister. The allegation is that they misappropriated the victim's properties, assaulted her and subjected her to cruelty.
3. Heard both sides.
4. The victim did not sustain any serious injuries. The first petitioner and the victim have been married for 5 years and they have one child. It appears that reunion 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
B.A. No.4586 of 2015 2 bail after interrogation 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 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 harass the victim or her relatives.
7) They shall not intimidate or attempt to
B.A. No.4586 of 2015 3 influence the witnesses.
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 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