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High Court of KeralaBail Appl./6994/2015allowed

Sreekesh V.M. v. State Of Kerala

2015-11-13Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 Bail Appl..No. 6994 of 2015 ------------------------------------- CRIME NO. 635/2015 OF NEW MAHE POLICE STATION, KANNUR ------------------- PETITIONER(S)/1ST ACCUSED:

------------------------------------------- SREEKESH V.M., AGED 36 YEARS, S/O.MUKUNDAN, SAPNA NIVAS, THUNDIYIL PERAVOOR.

BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S)/STATE:

---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031.

BY PUBLIC PROSECUTOR SMT.REMA. R.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A.HARIPRASAD, J.

------------------------------------------------ B.A No.6994 of 2015 ------------------------------------------------ Dated this the 13th day of November, 2015.

O R D E R

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

Petitioner is the accused in Crime No.635 of 2015 of New Mahe Police Station registered for offences punishable under Sections 304B and 306 I.P.C.

3.

Prosecution case, in short, is that the petitioner's wife committed suicide on 07-10-2015 allegedly on account of the difference of opinion with the petitioner.

4.

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

5.

Learned counsel for the petitioner submitted that the petitioner was working in Kuwait at the material time and he was not present when his wife committed suicide. The case that the petitioner harassed the deceased is also opposed by the learned counsel for the petitioner. Considering the nature of allegations, I find that bail can be granted to the petitioner with following

B.A No.6994 of 2015 2 directions :

1. Petitioner shall surrender before the investigating officer within a period of two weeks from today and submit himself for interrogation. In that event, he shall be released on bail on executing a bond for Rs.25,000/- (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 Petitioner shall appear before the Investigating Officer as and when directed.

4. Petitioner shall not influence or intimidate witnesses.

5. If any of the above conditions is violated by the petitioner, the learned Magistrate having jurisdiction is free to cancel the bail.

Sd/- A.HARIPRASAD, JUDGE.

amk //True copy// P.A to Judge