Gomathi v. State Of Kerala

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. 7300 of 2015 ------------------------------------------ CRIME NO. 296/2015 OF DEVIKULAM POLICE STATION , IDUKKI DISTRICT ------------------ PETITIONER(S) :

-------------------------- GOMATHI, AGED 37 YEARS, W/O.AUGUSTINE, DEVICULAM ESTATE, FACTORY DIVISION, 6 MURI LAYAM 2ND HOUSE, KDH VILLAGE, DEVIKULAM-685 613. BY ADV. SRI.BABU PAUL RESPONDENT(S)/COMPLAINANT :

----------------------------------------------------

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

2. THE STATION HOUSE OFFICER, DEVICULAM POLICE STATION, DEVICULAM, PIN-685 613. 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:

Msd.

A.HARIPRASAD, J.

------------------------------------------------ B.A.No.7300 of 2015 ------------------------------------------------- Dated this the 26th day of November, 2015

O R D E R

Application filed under Section 438 of the Code of Criminal Procedure.

2.

Petitioner, the second accused in Crime No.296 of 2015 of Devikulam Police Station registered for the offences punishable under Sections 323, 294, 354 & 506 r/w Section 34 of the Indian Penal Code, seeks prearrest bail. The only non-bailable offence is one under Section 354 IPC.

3.

Petitioner, being a lady, could not have been implicated in an offence under Section 354 IPC. 4.

Learned Public Prosecutor submitted that Section 354 IPC is alleged only against the first accused. 5.

Considering the nature of the allegations, the following directions are issued:

(a) In the event of arrest in Crime No.296 of 2015 of Devikulam Police Station, she shall be released on bail on executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties

B.A.No.7300 of 2015 for the like sum to the satisfaction of the Investigating Officer.

(b) The petitioner shall appear before the Investigating Officer as and when required for the purpose of interrogation.

(c) The petitioner shall co-operate with the investigation of the case.

(d) The petitioner shall not intimidate or attempt to influence the witnesses.

(e) The petitioner shall not in any manner interfere or meddle with the investigation.

(f) The petitioner 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