Mohini Mohandas v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 Bail Appl..No. 6474 of 2015 --------------------------------------- CRIME NO. 1506/2015 OF KEEZHVAYPUR POLICE STATION, PATHANAMTITTA .......
PETITIONER(S)/ACCUSED NO.1 TO 4:
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1. MOHINI MOHANDAS, AGED 40 YEARS, CHITTAKKATTU HOSUE, MANTHANAM P.O., KUNNAMTHANAM, PATHANAMTHITTA DISTRICT.
2. JIJO D., AGED 43 YEARS, BEENA BHAVAN, THRIKKODITHANAM P.O.
3. SANTHU SOMAN, AGED 27 YEARS, KUTTIKKATTUPARAMBIL HOUSE, THRIKKODITHANAM P.O.
4. NANDHU SOMAN, AGED 18 YEARS, KUTTIKKATTUPARAMBIL HOUSE, THRIKKODITHANAM P.O. BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENT(S)/COMPLAINANTS:
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
2. SUB INSPECTOR OF POLICE, KEEZHVAYPUR-689 587.
BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
A.HARIPRASAD, J --------------------------------------- ---------------------------------------- Dated this the 26th day of October, 2015
ORDER
Bail application filed under Sec.438 Cr.P.C.
2. The petitioners are the accused 1 to 5 in Crime No.1506 of 2015 of Keezhvaypur Police Station registered under Sections 452, 323, 354, 427 and 34 of IPC.
3. The prosecution case is that on 30.09.2015 the accused persons trespassed into the house of the de facto complainant and assaulted her. A fish tank was damaged causing a loss of rs.20,000/-.
4. Heard both sides.
5. The learned Counsel for the petitioners submitted that the de facto complainant was running a private finance business and the petitioners pledged gold ornaments. When they went to get back the ornaments, the business concern was shut down. There was an altercation on account of that act of the de facto
complainant. The learned Prosecutor submitted that there is an allegation against the petitioners constituting an offence under Section 354 of IPC only to the effect that she was pulled by hand and assaulted her.
6. Considering the nature of allegations, following directions are issued.
1. In the event of arrest, the petitioners shall be released on his 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 petitioners shall appear before the Investigating Officer as and when directed by him in writing.
3. The petitioners shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.
4. The petitioners shall co-operate with investigation of the case.
In case of violation of any of the above
conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.
Sd/- A.HARIPRASAD JUDGE //TRUE COPY// P.A. TO JUDGE AD