Shiny M.K. v. The Sub Inspector Of Police, Kodungallur Police Station
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD SATURDAY, THE 21ST DAY OF NOVEMBER 2015/30TH KARTHIKA, 1937 Bail Appl..No. 5403 of 2015 () ------------------------------- PETITIONER(S)/ACCUSED:
--------------------- SHINY M.K., AGED 29 YEARS, D/O LATE KRISHNADAS, RESIDING AT MUKKUDAKKAL HOUSE, THALASSERY PO, DESAMANGALAM, THRISSUR DISTRICT.
BY ADV. SRI.CIBI THOMAS RESPONDENT(S)/COMPLAINANT/STATE:
--------------------------------
1. THE SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION THRISSUR DISTRICT-680 664
2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
* ADDL. R3 IMPLEADED
3. ANOOP, AGED 30 YEARS, S/O KAPPUNGAL GOPINATHAN, KADUKKACHUVADU, METHALA VILLAGE, KODUNGALLUR TALUK.
ADDL. R3 IS IMPLEADED AS PER ORDER IN CRL.M.A. NO.9442 OF 2015 DATED 21.11.2015.
BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
ADDL.3 BY ADV. SRI.V.M.KRISHNAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: NS
A. HARIPRASAD, J.
----------------------------- Bail Appl. No.5403 of 2015 -------------------------------------------- Dated this the 21st day of November 2015
O R D E R
Bail application filed under Sec.438 Cr.P.C.
2. Petitioner seeks pre arrest bail in Crime No.2214 of 2015 of Kodungalloor Police station registered for the offences punishable under Secs.341 and 379 read with Sec.34 of the Indian Penal Code. Defacto complainant is the husband of the petitioner and their matrimony is in rough weather. Prosecution case is that, in order to see the defacto complainant does not go abroad, his passport has been stolen by the petitioner.
3. Heard the learned counsel for the petitioner, counsel for the defacto complainant and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted on the basis of Annexure-A1 complaint that the parties are litigating in various fora.
Considering the nature of allegation and the fact that the passport has to be recovered, following directions are issued.
Bail Appl. No.5403 of 2015 2
1. The petitioner shall surrender before the investigating officer within a period of one week and submit herself for interrogation.
2. In the event of arrest, the petitioner shall be released on her executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer.
3. The petitioner shall appear before the Investigating Officer for interrogation as and when directed by him in writing.
4. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall she tamper with the evidence.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.
Sd/- A. HARIPRASAD JUDGE / True copy/ NS/21/11/2015 P.A. To judge