Shaji v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937 Bail Appl..No. 6747 of 2015 ------------------------------- CRIME NO. 1578/2015 OF CHADAYAMANAGALAM POLICE STATION, KOLLAM DISTRICT.

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PETITIONER(S)/ACCUSED A1 TO 7:

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1. SHAJI, AGED 46 YEARS, S/O. MATHAI, PLATHOTTATHU HOUSE, MURIYODU, THRISSUR DISTRICT.

2. SHIBU, AGED 43 YEARS, S/O. MATHAI, PLATHOTTATHU HOUSE, MURIYODU, THRISSUR DISTRICT.

3. KUNJUMON, AGED 55 YEARS, S/O. YOHANNAN, SONY BHAVAN, VALAKOM MURI, VALAKOM VILLAGE, KOTTARAKARA, KOLLAM DISTRICT.

4. BABU, AGED 58 YEARS, PATTAZHY MANNIKAROTTU VEEDU, ENATHU MURI, ADOOR, PATHANAMTHITTA DISTRICT.

5. SISILY KUTTY, AGED 52 YEARS, D/O. GRACY, SONY BHVAN, VALAKOM MURI, VALAKOM VILLAGE, KOTTARAKARA, KOLLAM DISTRICT.

6. ALIYAMMA, AGED 55 YEARS, D/O. GRACY, PATTAZHY MANNIKAROTTU VEEDU, ENATHU MURI, ADOOR, PATHANAMTHITTA DISTRICT.

7. LUCY GEORGE, AGED 50 YEARS, D/O. GRACY, THEKKADATHU HOUSE, 21-10 KUTTY, PATHANAPURAM, KOLLAM DISTRICT.

BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6747 of 2015 -------------------------------------------- Dated this the 19th day of November 2015

O R D E R

Bail application filed under Sec.438 Cr.P.C.

2. Petitioners are accused nos.1 to 7 in Crime No.1578 of 2015 of Chadayamangalam Police station registered for the offences punishable under Secs.143, 147, 452, 354, 341, 323, 294(b) read with Sec.149 of the Indian Penal Code. Prosecution case is that, on 25.09.2015 at about 11.00 a.m., the accused persons, due to a property dispute, trespassed into the house of the defacto complainant and assaulted his aged father and tore the dress of his mother. They abused the defacto complainant and his family members in filthy language.

3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.

4. Learned counsel for the petitioners submitted that the family dispute is given the colour of a criminal nature and they are falsely implicated in this case.

Bail Appl. No.6747 of 2015 2 Considering the nature of allegations and the relationship between the parties, pre arrest bail is granted to the petitioners with the following conditions.

1. The petitioners shall surrender before the investigating officer within a period of two weeks and submit themselves for interrogation.

2. In the event of arrest, the petitioners shall be released on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the investigating officer.

3. The petitioners shall appear before the Investigating Officer for interrogation as and when directed by him in writing.

4. The petitioners shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence.

In case of violation of any of the above

Bail Appl. No.6747 of 2015 3 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 / NS/19/11/2015 P.A. To Judge