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High Court of KeralaBail Appl./7270/2015allowed

Sony Sunny v. State Of Kerala

2015-11-26Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 Bail Appl..No. 7270 of 2015 -------------------------------------- CRIME NO. 1949/2015 OF VAIKOM POLICE STATION, KOTTAYAM --------------------- PETITIONER(S)/ACCUSED 1 TO 4:

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1. SONY SUNNY, AGED 31 YEARS, S/O.SUNNY ABRAHAM, THOTTICHIRA VEETTIL, VAIKOM P.O., KOTTAYAM DISTRICT.

2. LAILA SUNNY, AGED 55 YEARS, W/O.SUNNY ABRAHAM, THOTTICHIRA VEETTIL, VAIKOM P.O., KOTTAYAM DISTRICT.

3. SUNNY ABRAHAM, AGED 57 YEARS, S/O.ABRAHAM, THOTTICHIRA VEETTIL, VAIKOM P.O., KOTTAYAM DISTRICT.

4. ALEX SUNNY, AGED 28 YEARS, S/O.SUNNY ABRAHAM, THOTTICHIRA VEETTIL, VAIKOM P.O., KOTTAYAM DISTRICT.

BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S)/STATE/COMPLAINANT:

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

2. THE SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION, VAIKOM, KOTTAYAM DISTRICT, PIN - 686 141.

BY PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7270 of 2015 -------------------------------------------- Dated this the 26th day of November 2015

O R D E R

Bail application filed under Sec.438 Cr.P.C.

2. Petitioners are accused nos.1 to 4 in Crime No.1949 of 2015 of Vaikom Police station registered for the offence punishable under Sec.498A read with Sec.34 of the Indian Penal Code. 1st petitioner is the husband of the defacto complainant. Petitioners 2 and 3 are the parents of the 1st accused. 4th petitioner is the brother of the 1st accused. Defacto complainant is the wife of the 1st accused. Prosecution case is that the accused persons together treated the defacto complainant cruelly in the matrimonial home.

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

Considering the nature of allegations and the fact that their marriage relationship still subsists, pre arrest bail is granted to the petitioners with the following conditions.

1. The petitioners shall surrender before

Bail Appl. No.7270 of 2015 2 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.

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/26/11/2015 P.A. To Judge