Saji @ Binu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 6TH DAY OF AUGUST 2015/15TH SRAVANA, 1937 Bail Appl.No. 4625 of 2015 ------------------------------------ CRIME NO. 923/2015 OF THIRUVALLAM POLICE STATION, THIRUVANANTHAPURAM .........
PETITIONER(S)/ACCUSED:
-------------------------------------- SAJI @ BINU, AGED 43 YEARS, S/O.DASSAN, JIJO NIVAS, MANNAKKALUVILA, PUNCHAKKARI, THIRUVALLOM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.MANU V.
RESPONDENT(S)/COMPLAINANT STATE AND INVESTIGATING OFFICER: -------------------------------------------------------------------------------------------------------
1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA AT ERNAKULAM - 682 031.
2. THE SUB INSPECTOR OF POLICE.
THIRUVALLOM POLICE STATIN, THIRUVALLOM.
THIRUVANANTHAPURAM - 695 009.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
K. ABRAHAM MATHEW, J.
---------------------- B.A. No.4625 of 2015 -------------------------------------------- Dated this the 6th day of August 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioner is accused in Crime No.923 of 2015 of Thiruvallom Police station registered for the offences under Secs.294(b), 452 and 506 of the Indian Penal Code. The prosecution case is that he trespassed into the victim's house, uttered obscene words and threatened him.
3. Heard both sides.
4. Having regard to the nature of the allegations, I am satisfied that custodial interrogation of the petitioner is not necessary. So I am inclined to grant his prayer.
In the result, the bail application is allowed.
1) The petitioner shall be released on bail after interrogation on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum if he is arrested by the Police in
B.A. No.4625 of 2015 2 connection with this case.
2) He shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. every Friday for two months or till the final report is filed, whichever is earlier.
3) He shall surrender his passport before the lower court concerned or if he does not have the one, file an affidavit to that effect.
4) He shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.
5) He shall not destroy or tamper with evidence nor shall he get himself involved in any other criminal case.
6) He shall not intimidate or attempt to influence the witnesses.
7) He 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
B.A. No.4625 of 2015 3 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