Rasak V.A. 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. 4788 of 2015 () ------------------------------- CRIME NO. 853/2015 OF KUNNAMKULAM POLICE STATION , THRISSUR DISTRICT --------------------- PETITIONER/1ST ACCUSED :

--------------------------------------------- RASAK V.A., AGED 35 YEARS, S/O.ABDULLAKUTTY, VEETUVALAPPIL HOUSE, PERUMBILLAVU VILLAGE, DESOM, THRISSUR.

BY ADV. SRI.RAJIT RESPONDENT/STATE :

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

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

==================== B.A.No. 4788 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the 1st accused in Crime No. 853 of 2015 of Kunnamkulam Police Station.

He is accused of having committed the offences under Sections 328 and 498A of the Indian Penal Code. The co-accused are her father -in-law and brother-in-law. The allegation is that they subjected her to cruelty and physically assaulted her and administered insecticide by force.

3.

Heard.

4.

I have gone through the certificate issued from the Medical College Hospital, Thrissur. There is no whisper about detection of presence of poison. In the order passed by the learned Sessions Judge, it is mentioned that she had consulted a Psychiatrist. The petitioner has been in custody since 04.07.2015. His further detention is not necessary for effective investigation. In the result, this application is allowed.

1)The petitioner will be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only)with two solvent sureties each for the

B.A.No. 4788 of 2015 -: 2 :- like sum to the satisfaction of the learned Magistrate concerned.

2) He shall appear before the Investigating Officer for interrogation if he is so required by him in writing. 3)He shall surrender his passport before the lower court concerned or if he does not have one, he shall file an affidavit to that effect within five days of his release.

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

5)He shall not intimidate or attempt to influence the witnesses, nor shall he get himself involved in any other criminal case.

6)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 accordance with the law.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge