Fini v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 Bail Appl..No. 6935 of 2015 () ------------------------------- CRIME NUMBER NOT KNOWNT TO THE PETITIONERS ------------- PETITIONERS/SUSPECTED ACCUSED :
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1. FINI, AGED 32 YEARS, S/O. RAJU, VELLAMAYIL VEEDU, NEAR WATER AUTHORITY, THODUPUZHA EAST, THODUPUZHA, IDUKKI DISTRICT.
2. SEBIN, AGED 24 YEARS, S/O. PRABHAKARAN, MADAVANAKUNNEL, MANKULAM P.O., DEVIKULAM TALUK, IDUKKI DISTRICT.
BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS/STATE AND COMPLAINANT :
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SUPERINTENDENT OF POLICE PAINAVU, IDUKKI DISTRICT.
3. CIRCLE INSPECTOR OF POLICE, THODUPUZHA POLICE STATION, IDUKKI DISTRICT.
4. SUB INSPECTOR OF POLICE KANJAR POLICE STATION, IDUKKI DISTRICT.
BY PUBLIC PROSECUTOR SMT. T.Y. LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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A.HARIPRASAD, J.
------------------------------------------------ B.A No.6935 of 2015 ------------------------------------------------ Dated this the 17th day of November, 2015.
O R D E R
Application for pre-arrest bail under Section 438 Cr.P.C. 2.
Petitioners are accused Nos.1 and 2 in Crime No.886 of 2015 of Kanjar Police Station registered for offences punishable under Sections 458, 323, 324 and 506(i) r/w Section 34 I.P.C. 3.
First petitioner is the husband of the defacto complainant. They are presently living separate by estrangement. Wife is living in her house. Petitioner went to the house of his wife on 06-10-2015 at about 12 'O' clock in the midnight, and it is further alleged that he assaulted the defacto complainant. 4.
Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5.
Considering the facts and circumstances, I find that bail can be granted to the petitioners with following directions :
1. Petitioners shall surrender before the investigating officer within a period of two weeks from today and submit themselves for interrogation. In that event, they shall be
B.A No.6935 of 2015 2 released on bail on executing a bond for Rs.25,000/- each (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.
2.
The sureties shall produce documents to establish their identity and solvency. The Investigating Officer need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.
3 Petitioners shall appear before the Investigating Officer as and when directed.
4. Petitioners shall not influence or intimidate witnesses.
5. If any of the above conditions is violated by the petitioners, the learned Magistrate having jurisdiction is free to cancel the bail.
Sd/- A.HARIPRASAD, JUDGE.
amk //True copy// P.A to Judge