Mayokhi v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 6TH DAY OF NOVEMBER 2015/15TH KARTHIKA, 1937 Bail Appl..No. 6912 of 2015 () ------------------------------- CRIME NO. 1493/2015 OF HILL PALACE POLICE STATION, TRIPUNITHURA, ERNAKULAM ----------------- PETITIONER/ACCUSED NO.3 :

--------------------------------------------- MAYOOKHI AGED 22 YEARS, D/O. RAJESH KARTHA, GULMOHAR VEEDU, ONNAM MILE PERUMBAVOOR, ERNAKULAM DISTRICT.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN SRI.V.VINAY RESPONDNET/STATE :

----------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM-682 031 (CRIME NO.1493/2015 OF HILL PALACE POLICE STATION TRIPUNITHURA, ERNAKULAM DISTRICT).

BY SR. PUBLIC PROSECUTOR SRI. C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 6th day of November, 2015

O R D E R

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

2.

Petitioner is the accused in Crime No.1493 of 2015 of Hill Palace Police Station registered for the offences punishable under Sections 384, 388, 389, 419, 420, 465, 468, 471, 120B, 170, 171 and 341 r/w Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case is that on 07.10.2015, the accused persons conspired together and they impersonated by fabricating documents and extorted an amount of `5 lakhs from the defacto complainant. 4.

Heard both sides.

5.

Learned counsel for the petitioner submitted the petitioner is a girl, aged 22 years, hailing from a respectable family. She is not involved in any offence. 6.

Learned Public Prosecutor opposed the bail

application. According to him, petitioner is a member in a racket which is involved in financial frauds. The petitioner remains in custody from 07.10.2015. She was given in Police custody and later returned.

7.

Considering the nature of allegations, stage of investigation and age of the petitioner, I am inclined to grant bail to the petitioner with the following strict conditions:

(a) The petitioner shall be released on bail on her executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties 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 lower court need not insist on solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

(c) Apart from the above said two sureties, either of the parents shall be an additional sureties. (d) The petitioner 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.

(e) The petitioner shall not leave the limits of Ernakulam District without the permission of the Magistrate having jurisdiction.

(f) The petitioner shall surrender her passport forthwith before the learned Magistrate. If she does not have a passport, she shall file an affidavit to that effect.

(g) The petitioner shall not intimidate or attempt to influence the witnesses.

(h) The petitioner shall not in any manner interfere or meddle with the investigation.

(i) The petitioner 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/- A.HARIPRASAD, JUDGE.

AS /True copy/ P.A. to Judge