Kamala v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 Bail Appl..No. 7409 of 2015 -------------------------------------- CRIME NO. 989/2015 OF MUNNAR POLICE STATION, IDUKKI ------------------ PETITIONER(S)/ACCUSED:
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1. KAMALA, AGED 50 YEARS W/O.SUBBAYYA THEVAR, 8 LANE MURI, NALLATHANNI KARA, KDH VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT.
2. SUBBAYYA THEVAR, AGED 55 YEARS, 8 LANE MURI, NALLATHANNI KARA, KDH VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT.
3. MUKILAN, AGED 28 YEARS, S/O.SUBBAYYA THEVAR, 8 LANE MURI, NALLATHANNI KARA, KDH VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S)/STATE:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
2. SUB INSPECTOR OF POLICE, MUNNAR POLICE STATION, IDUKKI DISTRICT-685586.
BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
A. HARIPRASAD, J.
----------------------------- Bail Appl. No.7409 of 2015 -------------------------------------------- Dated this the 1st day of December 2015
O R D E R
Bail application filed under Sec.438 Cr.P.C.
2. Petitioners are accused in Crime No.989 of 2015 of Munnar Police station registered for the offence punishable under Sec.420 read with Sec.34 of the Indian Penal Code. The case arise out of a private complaint forwarded to the Police for investigation. During the year 2010-2011 the petitioners conducted a chit and the defacto complainant subscribed to the chit and paid Rs.1,34,000/- (Rupees one lakh thirty four thousand only). In spite of attaining maturity, the amount was not repaid is the allegation.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
Considering the nature of allegations, pre arrest bail is granted to the petitioners with the following conditions.
1. The petitioners shall surrender before the investigating officer within a
Bail Appl. No.7409 of 2015 2 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 NS/01/12/2015