Subhash v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 Bail Appl..No. 6340 of 2015 () ------------------------------- CRIME NO. 1628/2015 OF VADAKKANCHERY POLICE STATION , TRISSUR PETITIONER(S)/ACCUSED:

---------------------- SUBHASH AGED 36 YEARS S/O PUZHAKKAL NARAYANAN, MUDAPPALLUR VILLAGE KARUPPALLY DESOM, PALAKKAD DISTRICT BY ADV. SRI.T.N.MANOJ RESPONDENT(S)/COMPLAINANT:

------------------------- STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE VADAKKENCHERRY POLICE STATION PALAKKAD DISTRICT REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA R BY PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SCL.

B. SUDHEENDRA KUMAR, J.

------------------------------------- -------------------------------------- Dated this the 16th day of October, 2015.

ORDER

The petitioner is the accused in Crime No.1628 of 2015 of Vadakkencherry Police Station registered under Sections 452, 341, 323 and 354 (b) IPC 2.

The prosecution allegation is that on 15.09.2015 at about 7.00 p.m., the petitioner trespassed into the house of the de facto complainant and pulled her hand and kicked her. 3.

The petitioner has filed this application under Section 438 of Cr.P.C.

4.

Heard.

5.

It has been submitted that the petitioner is the close relative of the de facto complainant. The de facto complainant did not sustain any injury in the incident. The petitioner is not involved in any other offence, submitted by the learned Public Prosecutor.

6.

Considering the facts and circumstances of the case,

-2including the fact that the petitioner is the first time offender, I am of the view that this is a fit case where an order under Section 438 Cr.PC in favour of the petitioner will be justified. In the result, this bail application stands allowed and the respondent is directed to release the petitioner on bail in the event of his arrest in connection with crime No.1628/2015 of Vadakkencherry Police Station, on condition of the petitioner executing a bond for Rs.30,000/- (Rupees thirty thousand only) with two solvent sureties, each for the like sum to the satisfaction of the Station House Officer of Vadakkenchery Police Station, before whom the petitioner shall surrender within 10 days from today, if not already arrested, and subject to the following further conditions:

1) The petitioner shall report before the investigating officer on every Monday between 9 a.m. and 11 a.m. for three months and thereafter as and when required by the investigating officer in writing to do so.

2) The petitioner shall not get involved in any

-3offence while on bail.

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

Sd/- B. SUDHEENDRA KUMAR JUDGE Scl.

True Copy PA to Judge