Sijin Stanley v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 Bail Appl..No. 5626 of 2015 -------------------------------------- CRIME NO. 1038/2015 OF NOORANADU POLICE STATION ALAPPUZHA .......

PETITIONER(S)/ACCUSED:

-------------------------------------- SIJIN STANLEY, AGED 27 YEARS, S/O.JOSEPH STANLY, VRINDHAVAN HOUSE, THATHAMUNNA MURI, NOORNADU VILLAGE.

BY ADVS.SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S)/COMPLAINANTS:

-------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH SUB INSPECTOR OF POLICE, NOORNADU POLICE STATION - 690 504.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

A.HARIPRASAD, J.

------------------------------------------------ B.A No.5626 of 2015 ------------------------------------------------ Dated this the 28th day of September, 2015.

O R D E R

Application for pre-arrest bail under Section 438 Cr.P.C. 2.

Petitioner is the sole accused in Crime No.1038 of 2015 of Noornadu Police Station registered for an offence punishable under Section 366 I.P.C.

3.

Prosecution case, in short, is that on 07-09-2015 at 1.00 p.m., the defacto complainant's daughter was kidnapped by the petitioner and thereby committed the aforementioned offence. 4.

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

5.

Counsel on both sides submitted that the petitioner married the defacto complainant's daughter on 26th March, 2013. Annexure I is the marriage certificate issued by the Local Registrar of Marriage. Considering the facts and circumstances of the case, following directions are made :

1. Petitioner shall surrender before the investigating officer within a period of one week from today and submit himself for

B.A No.5626 of 2015 2 interrogation. In that event, he shall be released on bail on 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.

2.

The sureties shall produce documents to establish their identity and solvency.

3. Petitioner shall appear before the Investigating Officer as and when directed in writing and co-operate with the investigation in the matter.

4. Petitioner shall not influence or intimidate witnesses.

5. If any of the above conditions is violated by the petitioner, the learned Magistrate having jurisdiction is free to cancel the bail.

Sd/- A.HARIPRASAD, JUDGE.

//True copy// P.A to Judge amk