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High Court of KeralaBail Appl./5985/2015allowed

Sanu v. State Of Kerala

2015-10-06Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 6TH DAY OF OCTOBER 2015/14TH ASWINA, 1937 Bail Appl..No. 5985 of 2015 () ------------------------------- CRIME NO. 871/2015 OF AIROOR POLICE STATION, THIRUVANANDAPURAM DISTRICT ---------------- PETITIONER/ACCUSED :

--------------------------------- SANU, AGED 26 YEARS, S/O. BABU, SOUMYA VILASOM, AYIROOR, ELAKANAM VILLAGE, THIRUVANANTHAPURAM BY ADV. SRI.M.R.SARIN RESPONDENTS :

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

2. THE SUB INSPECTOR OF POLICE, AYIROOR POLICE STATION -695 001 REPRESENTED BY THE PUBLICPORSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R1 & R2 BY PUBLIC PROSECUTOR SMT. T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

-------------------------------------- B.A. No.5985 of 2015 -------------------------------------- Dated this the 6th day of October, 2015

ORDER

Petition under Section 438 of the Code of Criminal Procedure. 2.

Petitioner is the sole accused in Crime No.871 of 2015 of Ayiroor Police Station registered for offences punishable under Sections 341, 354, 294(b), 323 and 447 of the Indian Penal Code. 3.

The incident was on 24.08.2015. It is alleged that due to personal enmity, the accused persons trespassed into the property of the defacto complainant and attacked her.

4.

Heard both sides.

5.

It appears that there is a property dispute between the parties. Learned Prosecutor submitted that the accused slapped the defacto complainant. There is no other grave allegations against the petitioner to constitute an offence under Section 354 of the Indian Penal Code. Hence the following order is passed:

i.

In the event of arrest in Crime No.871 of 2015 of Ayiroor Police Station, the petitioner shall be released on bail on executing a bond for `25,000/- (Rupees twentyfive thousand only) with two solvent sureties

BA No.5985/2015 each for the like sum to the satisfaction of the investigating officer. ii.

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

iii.

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

iv.

He shall not influence or intimidate the witnesses. In case of violation of any of the above conditions, the officer concerned is free to arrest the petitioner as if no order is passed. A. HARIPRASAD, JUDGE.

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