Sudhamani v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937HH Bail Appl..No. 5358 of 2015 -------------------------------------- CRIME NO. 1255/2015 OF MANKARA POLICE STATION , PALAKKAD --------------------- PETITIONER(S)/ACCUSED NO.4 & 5:
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1. SUDHAMANI, AGED 60 YEARS, W/O. LATE RAVEENDRAN K.V., KRISHNAPURAM HOUSE, KAPPAD, KANNUR DISTRICT-670 007.
2. RESHMI, AGED 31 YEARS, W/O. MAHESH, KRISHNAPURAM HOUSE, KAPPAD, KANNUR DISTRICT-670 007.
BY ADVS.SRI.V.JOHN SEBASTIAN RALPH SRI.K.J.JOSEPH (ERNAKULAM) SRI.V.JOHN THOMAS RESPONDENT(S)/COMPLAINANT:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. S.I. OF POLICE, PANTHALAM POLICE STATION.
(IN CRIME NO.1255/2015 OF PANTHALAM POLICE STATION PATHANAMTHITTA DISTRICT), PIN-689 645.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
A.HARIPRASAD, J.
------------------------------------------------ B.A No.5358 of 2015 ------------------------------------------------ Dated this the 11th day of September, 2015.
O R D E R
Application for pre-arrest bail under Section 438 Cr.P.C. 2.
Petitioners are accused Nos.4 and 5 in Crime No.1255 of 2014 of Panthalam Police Station registered for an offence punishable under Section 420 r/w 34 I.P.C. 3.
Prosecution case, in short, is that the second accused committed the offence. Petitioners are mother and sister of the second accused. Annexure 1 First Information Report would show that the petitioners extended a promise that in case of any problem with the real estate business, they will take care of the interest of the defacto complainant.
4.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5.
After hearing the counsel on both sides, I am of the view that no custodial interrogation will be necessary in this
B.A No.5358 of 2015 2 case. Hence, following directions are made :
1.
Petitioners shall surrender before the investigating officer within a period of two weeks from today and submit themselves for interrogation. In that event, the petitioners shall be released on bail on executing a bond for Rs.25,000/- each (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.
2. The sureties shall produce documents to establish their identity and solvency.
3. The petitioners shall appear before the Investigating Officer as and when directed.
4. The petitioners shall not influence or intimidate the witnesses or meddle with the investigation in any manner.
If any of the above conditions is violated by the petitioners, the learned Magistrate having jurisdiction is free to cancel the bail.
Sd/- A.HARIPRASAD, JUDGE.
//True copy// P.A to Judge amk