Vinu Kumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 11TH DAY OF NOVEMBER 2015/20TH KARTHIKA, 1937 Bail Appl..No. 6965 of 2015 () ------------------------------- CRIME NUMBER NOT KNOWN OF NEDUMANGAD POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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PETITIONER(S):

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1. VINUKUMAR, AGED 42 YEARS, S/O.APPUKKUTTAN MELECHERUKARA VEEDU, PURAVOORKONAM, KARAKULAM P.O, THIRUVANANTHAPURAM.

2. SHAJI @ SATHYAN, AGED 44 YEARS, S/O.APPUKUTTAN, KANJIRAMVILAVEEDU, K.K. NAGAR, ARAMKALLU, KARAKULAM P.O, THIRUVANANTHAPURAM.

BY ADV. SRI.AJAYA KUMAR. G.

RESPONDENTS/STATE/COMPLAINANT:

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

2. SUB INSPECTOR OF POLICE, NEDUMANGADU POLICE STATION, THIRUVANANTHAPURAM-695 001.

BY PUBLIC PROSECUTOR SMT.T.Y. LALIZA.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A.HARIPRASAD, J.

------------------------------------------------ B.A No.6965 of 2015 ------------------------------------------------ Dated this the 11th day of November, 2015.

O R D E R

Application for pre-arrest bail under Section 438 Cr.P.C. 2.

Petitioners are accused in Crime No.1674 of 2015 of Nedumangadu Police Station registered for offences punishable under Sections 323 and 354 r/w Section 34 I.P.C. 3.

Prosecution case, in short, is that the accused picked up a quarrel with the husband of the defacto complainant. When she interfered, the accused persons twisted her hand and pushed her down.

4.

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

5.

Considering the nature of allegations, custodial interrogation of the petitioners are not necessary. Hence, I find that pre-arrest bail can be granted to the petitioner with following directions :

1. Petitioners shall surrender before the investigating officer within a period of one week from today and submit themselves for interrogation. In that event, they shall be

B.A No.6965 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