Jose P.G. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 Bail Appl..No. 7590 of 2015 () ------------------------------- CRIME NO. 2728/2015 OF THIRUVALLA POLICE STATION, PATHANAMTITTA DISTRICT ----------------- PETITIONER/ACCUSED :

--------------------------------- JOSE P.G., AGED 44 YEARS, S/O.GEORGE, POOCHAMALIL HOUSE, MEPRAL, THIRUVALLA.

BY ADVS.SRI.T.P.PRADEEP SRI.P.K.SATHEES KUMAR RESPONDENTS/COMPLAINANTS :

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

2. SUB INSPECTOR OF POLICE THIRUVALLA-689101.

R1 & R2 BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

------------------------------------------------ ------------------------------------------------- Dated this the 10th day of December, 2015

O R D E R

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

2. Petitioner is the accused in Crime No.2728 of 2015 of Thiruvalla Police Station registered for the offences punishable under Sections 506, 451, 323 and 354 of the Indian Penal Code.

3.

Prosecution case is that on 07.11.2015, the accused trespassed into the house of the defacto complainant and attacked her. He fisted on the back of the defacto complainant, a lady.

4.

Heard both sides.

5.

Considering the nature of the allegations, I do not find any necessity to have a custodial interrogation. Hence, I am inclined to grant anticipatory bail with the following conditions:

(a) The petitioner shall surrender before the Investigating Officer within a period of 'two

weeks' from today and submit himself for interrogation. Thereafter, he shall be released on bail on executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the Investigating Officer.

(b) The petitioner shall appear before the Investigating Officer on all Saturdays between 10.00 a.m and 11.00 a.m. until the final report is filed.

(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