Ratheesh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 Bail Appl..No. 4746 of 2015 () ------------------------------- CRIME NO. 332/2014 OF MANGALAM DAM POLICE STATION, PALAKKAD DISTRICT ----------------------- APPLICANTS/ACCUSED NOS. 2 TO 7 :

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1. RATHEESH, AGED 33 YEARS, S/O.RAJAN MANNANKULAMBU, KARAKKATTUPARAMBU, AYLUR CHITTUR, PALAKKAD.

2. RAMAN AGED 23 YEARS, S/O.RAJAN, MANNANKULAMBU KARAKKATTUPARAMBU, AYLUR, CHITTUR PALAKKAD.

3. RAJAN @ KALLU RAJAN AGED 57 YEARS, S/O.THEETHAN, MANNANKULAMBU KARAKKATTUPARAMBU, AYLUR, CHITTUR PALAKKAD.

4. PAVADAS AGED 22 YEARS, S/O.SIVADAS, PUTHUCHI AYLUR, CHITTUR, PALAKKAD.

5. KRISHNANKUTTY AGED 40 YEARS, S/O.THEYYAN, CHEVAKKULAM KARAKKATTUPARAMBU, AYLUR, CHITTUR PALAKKAD.

6. SWAMINATHAN AGED 53 YEARS, S/O.THEYYAN, CHEVAKKULAM KARAKKATTUPARAMBU, AYLUR, CHITTUR PALAKKAD.

BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT/COMPLAINANT :

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

BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

K. ABRAHAM MATHEW, J.

-------------------------- B.A. No.4746 of 2015 -------------------------------------------- Dated this the 18th day of August 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. Petitioners are accused in Crime No.332 of 2014 of Mangalamdam Police station registered for the offence under Sec.306 of the Indian Penal Code. The prosecution case is that they along with the first accused abetted suicide of a married girl.

3. Heard both sides.

4. It is doubtful whether Sec.306 IPC is attracted to the facts of the case. So I am inclined to grant their prayer.

In the result, the bail application is allowed.

1) The petitioners shall be released on bail after interrogation on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

B.A. No.4746 of 2015 2

2) The petitioners 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) The petitioners 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 intimidate or attempt to influence the witnesses.

7) They shall co-operate with investigation of the case.

In case of violation of any of the above

B.A. No.4746 of 2015 3 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