Shejoy Ninan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 Bail Appl..No. 5560 of 2015 () ------------------------------- CRIME NO. 959/2015 OF PULIKEEZH POLICE STATION, PATHANAMTHITTA DISTRICT. ..........
PETITIONERS/ACCUSED NOS.1 AND 2:
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1. SHEJOY NINAN, AGED 35 YEARS, S/O. NINAN, CHURAKATTU HOUSE, KADAPRA-MANNAR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT.
2. SARAMMA NINAN, AGED 59 YEARS, W/O. NINAN, CHURAKATTU HOUSE, KADAPRA-MANNAR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.N.P.PRAJEESH, SRI.BIJO THOMAS GEORGE.
RESPONDENT/COMPLAINANT:
--------------------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, PULIKEEZH POLICE STATION, PATHANAMTHITTA DISTRICT, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT.REMA. R.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
B. SUDHEENDRA KUMAR, J.
------------------------------ Bail Appl. No.5560 of 2015 -------------------------------------------- Dated this the 18th day of September 2015
O R D E R
Petition filed under Sec.438 Cr.P.C.
2. Petitioners are accused nos.1 and 2 in Crime No.959 of 2015 of Pulikeezh Police station registered for the offence under Sec.498A read with Sec.34 of the Indian Penal Code. First petitioner is the husband of the defacto complainant and the 2nd petitioner is her motherin-law.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the case diary.
4. Learned Public Prosecutor has no serious objection in granting bail to the petitioners.
5. Considering the facts and circumstances of the case, including the nature of allegations, I am of the view that custodial interrogation of the petitioners is not necessary for the purpose of investigation of the case. In the said circumstance, this is a fit case to grant the relief under Sec.438 Cr.P.C.
Bail Appl. No.5560 of 2015 2 In the result, this bail application stands allowed and the respondent is directed to release the petitioners on bail, in the event of their arrest in connection with Crime No.959 of 2015 of Pulikeezh Police station, on condition of each of the petitioners executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each, each for the like sum to the satisfaction of the Sub Inspector of Police, Pulikeezh Police station before whom the petitioners shall surrender within ten days, if not already arrested, and subject to the following conditions.
1. The petitioner shall report before the investigating officer as and when required by the investigating officer for interrogation .
2. The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.
3. The petitioner shall not get involved in any offence during the period of bail.
Sd/- B. SUDHEENDRA KUMAR JUDGE NS