Manjula v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 20TH DAY OF OCTOBER 2015/28TH ASWINA, 1937 Bail Appl..No. 6523 of 2015 () ------------------------------- CRIME NO. 1947/2015 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM -------------- PETITIONERS/ACCUSED NO. 1 & 2 :

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1. MANJULA, AGED 30 YEARS, D/O.SAVITRI DOOR NO.15, THERUVIL CHAYAKADA JN., SAROJA COLONY, PALAKKAD.

2. KALI AGED 29 YEARS, D/O.SAVITRI, DOOR NO.15 THERUVIL CHAYAKADA JN., SAROJA COLONY, PALAKKAD.

BY ADVS.SRI.BLAZE K.JOSE SRI.M.RAJESH SMT.RESHMA G.MENON RESPONDENTS/COMPLAINANT :

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1. STATE OF KERALA REP. BY INSPECTOR OF POLICE, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031.

2. SUB INSPECTOR OF POLICE ATTINGAL POLICE STATION, PIN- 695 101 R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

ANIL.K.NARENDRAN, J.

---------------------------------------------- ----------------------------------------------- Dated this the 20th day of October, 2015

O R D E R

Application filed under Section 439 of the Code of Criminal Procedure.

2.

The petitioners are accused Nos.1 and 2 in Crime No.1947 of 2015 of Attingal Police Station registered for the offences punishable under Section 511 of 379 r/w Section 34 of the Indian Penal Code.

3.

Prosecution allegation is that on 19.09.2015 at about 01.20 p.m., while the defacto complainant was traveling towards venjaramoodu in "Aswathy" Privet Bus on seeing the accused attempted to commit theft from the bag of her fellow passenger on Mrs.Nadhira the defacto complainant had made hue and cry. On hearing the sound the 2nd accused had abandoned Rs.500/- which was stolen by them from the defacto complainant and both the accused were committed the said offences.

4.

Petitioners were produced before the court on 20.09.2015 and was remanded to judicial custody to the

Sub jail, Attinagal.

5.

Heard.

6.

The learned Public Prosecutor has no serious objection in granting bail to the petitioners. It has been submitted by the leaned Public Prosecutor that the final report has already been filed in this case.

5.

Considering the facts and circumstances of the case, including the period of detention of the petitioners, I am inclined to grant bail to the petitioners. (a) The petitioners shall be released on bail on their executing a bond for `50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned magistrate having jurisdiction.

(b) The sureties shall produce documents to establish their identity and solvency. The learned Magistrate need not insist on solvency certificate, but other documents can also be perused to find out whether the

sureties are solvent or not.

(c) The petitioners shall appear before the Investigating Officer on all Mondays and Thursdays between 10.00 a.m and 11.00 a.m.

until the final report is filed.

(d) The petitioners shall not intimidate or attempt to influence the witnesses.

(e) The petitioners shall not in any manner interfere or meddle with the investigation.

(f) Petitioners shall not, during the period of this bail get involved in any offence.

In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate.

Sd/- ANIL.K.NARENDRAN, JUDGE.

AS /True Copy/ P.A. to Judge