Subair v. 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, 1937H Bail Appl..No. 7065 of 2015 () ------------------------------- CRIME NO. 3857/2015 OF PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT. ........

APPLICANT/ACCUSED NOS. 1 & 2:

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1. SUBAIR, AGED 35 YEARS, S/O. BEERAS, VALIYAPARAMBIL HOUSE, PONJASSERY P.O., THANDEKKAD, ERNAKULAM.

2. SUBAIDA, AGED 56 YEARS, W/O. BEERAS, VALIYAPARAMBIL HOUSE, PONJASSERY P.O., THANDEKKAD, ERNAKULAM.

BY ADV. SRI.VIPIN NARAYAN.

RESPONDENT/COMPLAINANT:

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

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:

rs.

A.HARIPRASAD, J.

------------------------------------------------ B.A No.7065 of 2015 ------------------------------------------------ Dated this the 16th 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, who are husband and mother-in-law of the defacto complainant in Crime No.3857 of 2015 of Perumbavoor Police Station registered for offences punishable under Sections 498A I.P.C.

3.

Prosecution case, in short, is that the petitioners mentally harassed the defacto complainant by demanding more dowry and thereby committed the aforementioned offence. 4.

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

5.

Considering the nature of allegations, 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 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

B.A No.7065 of 2015 2 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.

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