Moidu v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR FRIDAY, THE 30TH DAY OF OCTOBER 2015/8TH KARTHIKA, 1937 Bail Appl..No. 6684 of 2015 () ------------------------------- CRIME NO. 340/2015 OF KAMBALAKKAD POLICE STATION , WAYANAD PETITIONERS/ACCUSED 1 AND 2:

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1. MOIDU, AGED 46 YEARS S/O.MAMMU, KUNIYAN HOUSE, KUZHIVAYAL ARAMBATTAKKUNNU POST, KOTTATHARA VILLAGE VYTHIRI TALUK

2. NASAR, AGED 44 YEARS S/O.MAMMU, KUNIYAN HOUSE, KUZHIVAYAL ARAMBATTAKKUNNU POST, KOTTATHARA VILLAGE VYTHIRI TALUK BY ADV. SRI.R.RAMADAS RESPONDENT/COMPLAINANT:

----------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 31 R BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SCL.

B. SUDHEENDRA KUMAR, J.

------------------------------------- B.A.No. 6684 of 2015 -------------------------------------- Dated this the 30th day of October, 2015

ORDER

The petitioners are accused Nos. 1 and 2 in Crime No.340 of 2015 of Kambalakkad Police registered under Sections 498 A, 341, 323, 324 and 506 (i) r/w 34 IPC and Section 23 of the Juvenile Justice Act, 2001.

2.

The petitioners have filed this application under Section 438 of Cr.P.C.

4.

Heard.

5.

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

6.

Considering the facts and circumstances of the case, including the relationship between the de facto complainant and the petitioners, I am inclined to grant the relief under Section 438 Cr.PC in favour of the petitioners. In the result, this bail application stands allowed and the respondent is directed to release the petitioners on bail in the

B.A.No. 6684 of 2015 -2event of their arrest in connection with the crime No.340 of 2015 of Kambalakkad Police Station, on condition of each of the petitioners executing a bond for Rs.30,000/- (Rupees thirty thousand only) with two solvent sureties each, each for the like sum to the satisfaction of the Station House Officer, Kambalakkad Police Station, before whom the petitioners shall surrender within 10 days from today, if not already arrested, and subject to the following further conditions:

1) The petitioners shall report before the investigating officer as and when required by the investigating officer in writing to do so.

2) The petitioners shall not get involved in any offence while on bail.

3) The petitioners 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