Anitha Ansari v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937 Bail Appl..No. 4673 of 2015 () ------------------------------- CRIME NO. 1781/2013 OF THRIKKAKARA POLICE STATION. .....

PETITIONER/ACCUSED NO.2:

------------------------------------------- ANITHA ANSARI, W/O. ABY CHAKKIATH, FLAT NO.6, MANJOORAN ORCHID MEADOWS, ATHANI, KAKKANAD.

BY ADVS.SRI.V.JOHN SEBASTIAN RALPH, SMT.PREETHY KARUNAKARAN, SRI.DIPU JAMES, SRI.JOSEPH. K.J., SRI.JOHN THOMAS. V.

RESPONDENTS/STATE:

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1. STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, THRIKKAKARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

2. S.I. OF POLICE, INFOPARK POLICE STATION, KALAMASSERRY CIRCLE, ERNAKULAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.LALIZA. T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K. ABRAHAM MATHEW, J.

---------------------- B.A. No.4673 of 2015 -------------------------------------------- Dated this the 12th day of August 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioner apprehends that she will be arrested by the Thrikkakara Police in Crime No.1781 of 2013 registered for the offences under Secs.120(B), 406 and 420 read with Sec.34 of the Indian Penal Code and Sec.66 read with Sec.43(e) of the Information Technology Act.

2. Heard.

3. The case was registered in 2013. It was transferred from Thrikkakara Police station to the Info Park Police station which was newly established. The coaccused were arrested and they were in judicial custody for 45 days.

4. It appears that detention of the petitioner is not necessary for effective investigation. So I am inclined to grant the prayer of the petitioner.

In the result the bail application is allowed.

B.A. No.4673 of 2015 2

1. The petitioner shall be released on bail after interrogation on her executing a 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 between 10.00 a.m and 11.00 a.m. on 25th of August and 9th of September, 2015.

3) The petitioner shall surrender her passport before the lower court concerned or if she does not have the one, file an affidavit to that effect.

4) The petitioner shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.

5) The petitioner shall not destroy or tamper with evidence nor shall she get herself

B.A. No.4673 of 2015 3 involved in any other criminal case.

6) The petitioner shall not intimidate or attempt to influence the witnesses.

7) The petitioner 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.

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