Raji v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 Bail Appl..No. 4689 of 2015 () ------------------------------- CRIME NO. 817/2015 OF ENATH POLICE STATION, PATHANAMTHITTA DISTRICT. ......

PETITIONER/ACCUSED A10:

------------------------------------------ RAJI, AGED 35 YEARS, W/O.RAJEEVE, RAJEEVAM, THUVAYOOR SOUTH MURI, KADAMBANADU, ADOOR TALUK, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.AJITH MURALI, SRI.DINESH THANKAPPAN.

RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031.

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

K.ABRAHAM MATHEW, J.

------------------------------------------- ------------------------------------------- Dated this the 11th day of August, 2015

ORDER

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the accused in Crime No.817 of 2015 of Enath Police Station, Pathanamthitta District. She is said to have committed the offences under Sections 143, 147, 148, 294(b), 341, 332, 324, 307, 201 and read with Section 149 of the Indian Penal Code.

3.

One of the co-accused is her husband. On getting information that they had in their possession liquor in their house excise officers came there to search their house. They along with the co-accused allegedly assaulted the preventive officer with an iron rod causing him serious injury on his head. 4.

Heard both sides.

5.

The petitioner has been in custody since 08.07.2015. There is no allegation that he took part in the assault. The specific allegation against her is that she caused disappearance of evidence. Having regard to this fact I am inclined to grant her prayer though she is involved in two cases registered under the Abkari Act.

In the result, this application is allowed.

1. The petitioner will be released on bail on her executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.

2. She shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m.

every Wednesday till the conclusion of the investigation.

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 not enter Adoor Taluk till the conclusion of the investigation except for complying with the direction in this order.

In case of violation of any of the above conditions, the

learned Magistrate is empowered to cancel the bail in accordance with the law.

Sd/- K.ABRAHAM MATHEW, JUDGE R.AV //True Copy// PA to Judge