Appu v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 25TH DAY OF NOVEMBER 2015/4TH AGRAHAYANA, 1937 Bail Appl..No. 7239 of 2015 () ------------------------------- CRIME NO. 647/2015 OF NARUVAMOODU POLICE STATION, THIRUVANANTHAPURAM ---------------- PETITIONERS/ACCUSED 1 & 2 :
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1. APPU, AGED 19 YEARS S/O.UNNI, THALACHIRAVILAKATHU VEEDU, THITTAVECHIKKARA, VEDIVACHANKOVIL, PALLICHAL VILLAGE THIRUVANANTHAPURAM DISTRICT.
2. JYOTHI, AGED 43 YEARS W/O.UNNI, THALACHIRAVILAKATHU VEEDU, THITTAVECHIKKARA, VEDIVACHANKOVIL, PALLICHAL VILLAGE THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.R.GOPAN RESPONDENTS/COMPLAINANTS :
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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. SUB INSPECTOR OF POLICE NARUVAMOODU POLICE STATION, THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR SMT. LALIZA T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
A. HARIPRASAD, J.
----------------------------- Bail Appl. No.7239 of 2015 -------------------------------------------- Dated this the 25th day of November 2015
O R D E R
Bail application filed under Sec.438 Cr.P.C.
2. Petitioners are accused nos.1 and 2 in Crime No.647 of 2015 of Naruvamoodu Police station registered for the offences punishable under Secs.447, 341, 294(b), 323, 324 and 354 read with Sec.34 of the Indian Penal Code. Prosecution case is that on 23.09.2015 at about 11.30 p.m., the accused persons, with an intention to assault the defacto complainant, trespassed into the property of the defacto complainant and the 1st accused caught hold of her hair lock. She was dragged and punched. They showered obscene words against the defacto complainant.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that the 2nd petitioner is the sister of the defacto complainant and there is some property dispute.
Bail Appl. No.7239 of 2015 2 According to him the incident alleged is a false one. Considering the nature of allegations and the relationship between the parties, pre arrest bail is granted to the petitioners with the following conditions.
1. The petitioners shall surrender before the investigating officer within a period of two weeks and submit themselves for interrogation.
2. In the event of arrest, the petitioners shall be released on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the investigating officer.
3. The petitioners shall appear before the Investigating Officer for interrogation as and when directed by him in writing.
4. The petitioners shall not intimidate or attempt to influence the witnesses, nor shall they tamper with the evidence.
Bail Appl. No.7239 of 2015 3 In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law without referring the matter to this Court.
Sd/- A. HARIPRASAD JUDGE / True Copy / NS/25/11/2015 P.A. To Judge