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High Court of KeralaBail Appl./6954/2015allowed

Sajeev v. The State Of Kerala

2015-11-18Honourable Mr. Justice A.Hariprasad4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 Bail Appl..No. 6954 of 2015 () ------------------------------- CRIME NO. 1430/2015 OF KAREELAKULANGARA POLICE STATION, ALAPPUZHA ------------------ PETITIONERS/ACCUSED NO.1 & 2 :

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1. SAJEEV AGED 42 YEARS, S/O.KUNJU PILLAI, PALAMOOTTIL VEEDU, KEERIKKAD KAREELAKULANGARA, ALAPPUZHA DISTRICT NOW RESIDING AT SACHU NIVAS ERUVA PADINJARU MURI, PATHIYOOR VILLAGE ALAPPUZHA DISTICT.

2. GOPALAKRISHNAN AGED 46 YEARS, S/O.KUNJU PILLAI, PALAMOOTTIL VEEDU, KEERIKKAD KAREELAKULANGARA, ALAPPUZHA DISTRICT NOW RESIDING AT CHERAVALLYTHARA PADEETTATHIL VEEDU ERUVA PADINJARU MURI, PATHIYOOR VILLAGE ALAPPUZHA DISTRICT.

BY ADV. SMT.S.L.SYLAJA RESPONDENT/COMPLAINANT/STATE :

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1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KELA, ERNAKULAM, KOCHI - 31.

2. THE SUB INSPECTOR OF POLICE KAREELAKULANGARA POLICE STATION ALAPPUZHA DISTRICT - 688 526.

R1 & R2 BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 18th day of November, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2.

Petitioners are accused Nos.1 and 2 in Crime No.1430 of 2015 of Kareelakulangara Police Station registered for the offences punishable under Sections 354, 323 & 294(b) r/w Section 34 of the Indian Penal Code. 3.

Prosecution case is that on 04.08.2015 at about 02.00 p.m., the petitioner abused the defacto complainant and physically assaulted her. Her nightie was torn in the incident.

4.

Heard both sides.

5.

Learned counsel for the petitioners submitted that the petitioners and the defacto complainant are close relatives. There was a matrimonial dispute persisting between them at the time of incident.

6.

I have perused the materials in the case diary. Considering the nature of the allegations, the following

directions are issued:

(a) Petitioners shall surrender before the Investigating Officer within a period of 'two weeks' from today and submit themselves for interrogation. Thereafter, they shall be released on bail on executing a bond for `25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

(b) The petitioners shall appear before the Investigating Officer as and when directed for the purpose of interrogation.

(c) The petitioners shall co-operate with the investigation of the case.

(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) The 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/- A.HARIPRASAD, JUDGE.

AS /True Copy/ P.A. to Judge