Shyam Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 7TH DAY OF SEPTEMBER 2015/16TH BHADRA, 1937 Bail Appl..No. 5315 of 2015 () ------------------------------- CRIME NO. 2623/2015 OF PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT ----------------- PETITIONERS/ACCUSED :

------------------------------------

1. SHYAM KUMAR, AGED 25 YEARS, S/O. LATE OMANAKUTTAN, SHYAM BHAVAN, PERUMPUZHA P.O., KOLLAM.

2. PRAMOD KUMAR, AGED 48 YEARS, S/O.RAGHAVAN, SHYAM BHAVAN, PERUMPUZHA P.O., KOLLAM.

3. SOBHANA, AGED 42 YEARS, W/O. PRAMOD KUMAR, SHYAM BHAVAN, PERUMPUZHA P.O., KOLLAM.

4. SHARANYA, AGED 24 YEARS, D/O. LATE OMANAKUTTAN, SHYAM BHAVAN, PERUMPUZHA P.O., KOLLAM.

BY ADVS.SRI.K.SIJU SMT.RENY ANTO RESPONDENT :

--------------------- STATE OF KERALA THROUGH THE S.I. OF POLICE, PERUMBAVOOR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 7th day of September, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2.

Petitioners are accused 1 to 4 in Crime No.2623 of 2015 of Perumbavoor Police Station registered for the offences punishable under Sections 498(A), 354 and 406 r/w Section 34 of the Indian Penal Code.

3.

Prosecution case is that the first accused married the de facto complainant on 20.11.2014. After taking her ornaments, the petitioners started harassing the de facto complainant demanding more dowry. The petitioners plead innocent.

4.

Heard the learned counsel for the petitioners and learned Public Prosecutor.

5.

Considering the nature of allegations, I find that custodial interrogation may not be necessary in this case. Hence, I am inclined to grant anticipatory bail to the petitioners with the following conditions:

(a) Petitioners shall surrender before the

Investigating Officer within a period of 'two weeks' from today and submit themselves for interrogation. Thereafter, the petitioners shall be released on bail on executing a bond for `25,000/- (Rupees Twenty Five Thousand Only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

(b) The petitioners shall appear before the Investigating Officer as and when required for the purpose of interrogation.

(c) The petitioners shall co-operate with the investigation of the case.

(d) The petitioners shall not intimidate or influence the witnesses or meddle with the investigation in any manner.

(e) Petitioners shall not, during the period of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the

investigating officer may move application before the jurisdictional magistrate.

Sd/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. to Judge