Shine v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 Bail Appl..No. 7172 of 2015 () ------------------------------- CRIME NO. 1284/2015 OF THIROOR POLICE STATION, MALAPPURAM DISTRICT ----------------------- PETITIONERS/ACCUSED 1 TO 4 :
------------------------------------------------ 1.
SHINE S.N., AGED 30 YEARS, S/O. SALIM LULU VILLA, MUDAPURAM P.O., CHIRAYINKEEZHU THIRUVANANTHAPURAM DISTRICT.
2.
SALIM AGED 60 YEARS, S/O. ABDUL RAHIMAN LULU VILLA, MUDAPURAM P.O., CHIRAYINKEEZHU THIRUVANANTHAPURAM DISTRICT.
3.
NAZEEMA AGED 55 YEARS, W/O. SALIM LULU VILLA, MUDAPURAM P.O., CHIRAYINKEEZHU THIRUVANANTHAPURAM DISTRICT.
4.
SIMI S.N., AGED 33 YEARS, D/O. SALIM LULU VILLA, MUDAPURAM P.O., CHIRAYINKEEZHU THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.S.SREEDEV RESPONDENTS/COMPLAINANT :
------------------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
A.HARIPRASAD, J.
-------------------------------------- B.A. No.7172 of 2015 -------------------------------------- Dated this the 3rd day of December, 2015
ORDER
Application under Section 438 of the Code of Criminal Procedure.
2.
Accused persons are the husband and in-laws of the defacto complainant. They are charged with offences punishable under Sections 498A and 406 of the Indian Penal Code and Section 3 of the Dowry Prohibition Act in Crime No.1284 of 2015 of Tirur Police Station. They seek pre-arrest bail.
3.
First petitioner married the defacto complainant on 15.01.2015. While they were residing in the family house, the accused persons harassed her demanding money and ornaments is the allegation. 4.
Heard both sides.
Considering the nature of allegations, I find no need to have a custodial interrogation in this case. Hence the following order: i.
Petitioners shall surrender before the investigating officer within a period of two weeks and submit themselves for interrogation. Thereafter each one of them shall execute a bond for `25,000/- (Rupees twentyfive thousand only) with two solvent sureties each
BA No.7172/2015 for the like sum to the satisfaction of the investigating officer. In that event, they shall be released on bail in Crime No.1284 of 2015 of Tirur Police Station.
ii.
The sureties shall produce documents to establish their identity and solvency. The investigating officer shall not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.
iii.
Petitioners shall appear before the investigating officer as and when directed in writing and co-operate with the investigation. iv.
They shall not influence or intimidate the witnesses. In case of violation of any of the above conditions, the officer concerned is free to arrest the petitioners as if no order is passed. A. HARIPRASAD, JUDGE.
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