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High Court of KeralaBail Appl./6031/2015allowed

Shylaja v. State Of Kerala

2015-10-194 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR MONDAY, THE 19TH DAY OF OCTOBER 2015/27TH ASWINA, 1937 Bail Appl..No. 6031 of 2015 () ------------------------------- CRIME NO. 733/2015 OF VENMANI POLICE STATION , ALAPPUZHA PETITIONERS:

------------------- SHYLAJA, AGED 35 YEARS W/O AJI, VALIYAVEETTIL, KOLLAKADAVU P.O.

CHERUVALOOR MURI, CHERIYANAD, MAVELIKKARA.

BY ADVS.SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.K.A.NOUSHAD SRI.P.U.VINOD KUMAR SRI.MITHUN BABY JOHN SRI.J.RAMKUMAR RESPONDENT:

------------------------ STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER VENMANI POLICE STATION ALAPPUZHA DISTRICT (THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM).

BY SR.PUBLIC PROSECUTOR, SHRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B.SUDHEENDRA KUMAR, J.

- - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - B.A. No.6031 of 2015 - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of October 2015

O R D E R

The petitioner is the accused in Crime No.733/2015 of Venmani police station registered under Section 420 I.P.C., Sec.3 and 17 of the Kerala Money Lenders Act and Sections 3 and 4 of the Kerala Prohibition of Charging Exorbitant Interest Act, 2012.

2. The petitioner has filed this application praying for the relief under Section 438 Cr.P.C.

3. Heard.

4. The learned Public Prosecutor has no serious objection in allowing the application.

BA 6031/2015 : 2 :

5. Considering the facts and circumstances of the case including the nature of allegations raised against the petitioner, I am of the view that custodial interrogation of the petitioner is not necessary for the progress of investigation of the case. In the said circumstances, an order under Section 438 Cr.P.C. in favour of the petitioner will be justified in this case.

In the result, this application stands allowed and the respondent is directed to release the petitioner on bail in the event of her arrest in connection with Crime No.733/2015 of Venmani police station, on condition of the petitioner 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 Station House officer, Venmani Police Station, before whom the petitioner shall

BA 6031/2015 : 3 :

surrender within 10 days from today, if not already arrested, and subject to the following further conditions: (i) The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

(ii) The petitioner shall not get involved in any offence during the pendency of this case.

(iii) The petitioner shall not intimidate or influence the witnesses or in any way tamper with the investigation.

Sd/ B.SUDHEENDRA KUMAR, JUDGE dl // True Copy // PA to Judge