Saravanan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 Bail Appl..No. 7581 of 2015 () ------------------------------- CRIME NO. 463/2015 OF MEENAKSHIPURAM POLICE STATION,PALAKKAD DISTRICT ------------------ PETITIONER(S)/ACCUSED NOS.1 & 2 :

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1. SARAVANAN, AGED 36 YEARS,S/O.MADHAVAN, PATTIKKULATH CHALLA, NANNIYODE P.O., CHITTUR TALUK, PALAKKAD DISTRICT.

2. MADHAVAN, AGED 66 YEARS,S/O.CHAMI, PATTIKKULATH CHALLA, NANNIYODE P.O., CHITTUR TALUK, PALAKKAD DISTRICT.

BY ADV. SRI.NIREESH MATHEW RESPONDENT/RESPONDENT:

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

BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7581 of 2015 -------------------------------------------- Dated this the 8th day of December 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.463 of 2015 of Meenakshipuram Police station registered for the offences punishable under Secs.498A and 325 read with Sec.34 of the Indian Penal Code. Prosecution allegation is that, on 20.10.2015 at about 9.00 a.m., the petitioners physically and mentally harassed the defacto complainant and her daughter. It is also alleged that in the push and pull between the parties, the minor girl also sustained injuries.

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

Considering the nature of allegations, I am not inclined to think that custodial interrogation of the petitioners is required. Hence, 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

Bail Appl. No.7581 of 2015 2 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/08/12/2015 P.A. To Judge