Sumesh v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 Bail Appl..No. 7041 of 2015 ----------------------------------------- CRIME NO. 64/2014 OF KAYAMKULAM POLICE STATION , ALAPPUZHA DISTRICT ----------------- PETITIONER(S)/ACCUSED 1 TO 4 :

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1. SUMESH, AGED 39 YEARS, S/O.SOMASEKHARAN PILLAI, RESIDING AT PUTHUVILAYIL, KRISHNAPURAM VILLAGE, KAYAMKULAM P.O., ALAPPUZHA- 690 502.

2. SREELAKSHMI, AGED 36 YEARS, W/O.SUMESH, AGED 39 YEARS, S/O.SOMASEKHARAN PILLAI, RESIDING AT PUTHUVILAYIL, KRISHNAPURAM VILLAGE, KAYAMKULAM P.O, ALAPPUZHA- 690 502.

3. HARHARAN PILLAI, AGED 64 YEARS, S/O.KUTTAPPA PANICKER, KAIPPALLIL VEEDU, KRISHNAPURAM VILLAGE, KAYAMKULAM P.O., ALAPPUZHA- 690 502.

4. OMANAYAMMA, AGED 52 YEARS, W/O.HARHARAN PILLAI, KAIPPALLIL VEEDU, KRISHNAPURAM VILLAGE, KAYAMKULAM P.O., ALAPPUZHA- 690 502. BY ADVS.SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S)/STATE :

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

2. THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, KAYAMKULAM, ALAPPUZHA- 690 502.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 16th 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 to 4 in Crime No.64 of 2014 of Kayamkulam Police Station registered for the offences punishable under Sections 120B, 468, 471 and 420 r/w Section 34 of the Indian Penal Code. The case arise out of a private complaint filed before the Magistrate which was forwarded under Section 156(3) Cr.P.C. 3.

Learned counsel for the petitioner submitted that civil disputes between the defacto complainant and the accused persons has been given a colour of criminal case.

4.

After hearing the learned counsel on both sides, I am of the view that no custodial interrogation is necessary. Hence, 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