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High Court of KeralaBail Appl./7595/2015allowed

Samuel John v. State Of Kerala

2015-12-07Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 7TH DAY OF DECEMBER 2015/16TH AGRAHAYANA, 1937 Bail Appl..No. 7595 of 2015 () ------------------------------- CRIME NO. 589/2015 OF VARAPUZHA POLICE STATION, ERNAKULAM DISTRICT. ......

PETITIONERS/ACCUSED 1 TO 4:

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1. SAMUEL JOHN, AGED 30 YEARS, S/O.P.V. JOHNYKUTTY, GILGAL 6, PUTHENVEEDU, KOONAMMAVU P.O., ERNAKULAM DISTRICT.

2. P.V. JOHNYKUTTY, AGED 71 YEARS, GILGAL 6, PUTHENVEEDU, KOONAMMAVU P.O., ERNAKULAM DISTRICT.

3. DEENAMMA, AGED 68 YEARS, W/O.P.V. JOHNYKUTTY, GILGAL 6, PUTHENVEEDU, KOONAMMAVU P.O., ERNAKULAM DISTRICT.

4. LINCY JOHN, AGED 35 YEARS, D/O.P.V. JOHNYKUTTY, GILGAL 6, PUTHENVEEDU, KOONAMMAVU P.O., ERNAKULAM DISTRICT.

BY ADV. SRI.ENOCH DAVID SIMON JOEL.

RESPONDENTS/COMPLAINANT:

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

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7595 of 2015 -------------------------------------------- Dated this the 7th day of December 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.589 of 2015 of Varapuzha Police station registered for the offences punishable under Secs.498A and 506(i) of the Indian Penal Code. 1st petitioner is the husband and other petitioners are parents in-law and sister of the 1st petitioner. 1st petitioner married the defacto complainant on 22.09.2005. While they were living in the matrimonial home, the accused persons made her life miserable by incessant harassment is the case of the defacto complainant.

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

4. Considering the nature of allegations, I am of the view that custodial interrogation of the petitioners is not necessary. Hence following directions are issued.

1. The petitioners shall surrender before the investigating officer within a period of two

Bail Appl. No.7595 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/07/12/2015 P.A. To Judge