Valsala v. Sub Inspector Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR WEDNESDAY, THE 9TH DAY OF DECEMBER 2015/18TH AGRAHAYANA, 1937 Bail Appl..No. 7687 of 2015 -------------------------------------- CRIME NO. 2214/2015 OF KODUNGALLUR POLICE STATION, THRISSUR ------------------ PETITIONER(S)/ACCUSED :
-------------------------------------- VALSALA, AGED 54 YEARS, RESIDING AT MUKKUDAKKAL HOUSE, THALASSERY P.O., DESAMANGALAM, THRISSUR DISTRICT.
BY ADV. SRI.CIBI THOMAS RESPONDENT(S)/COMPLAINANT/STATE :
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1. SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION, THRISSUR DISTRICT-680 664.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ
B.SUDHEENDRA KUMAR, J.
------------------------------------------------ ------------------------------------------------- Dated this the 9th day of December, 2015
O R D E R
This is an application filed under Section 438 of the Code of Criminal Procedure.
2.
The petitioner is the 2nd accused in Crime No.2214 of 2015 of Kodungallur Police Station registered under Section 379 r/w Section 34 of the Indian Penal Code. Prosecution allegation is that the petitioner along with other accused committed theft of the passport of the defacto complainant, in order to see that the defacto complainant would not go abroad.
3.
Heard.
4.
The learned Public Prosecutor has no serious objection in granting bail to the petitioner. It has been submitted by the learned Public Prosecutor that the application filed by the first accused under Section 438 Cr.P.C was allowed by this Court as per order dated 21.11.2015 in B.A.No.5403 of 2015. Defacto complainant
is the son-in-law of the petitioner.
5.
Considering the facts and circumstances of the case including the nature of the allegations, I am inclined to grant the relief under Section 438 Cr.P.C in favour of petitioner.
In the result, this application stands allowed and the respondent is directed to release the petitioner on bail in the event of her arrest in connection with Crime No.2214 of 2015 of Kodungallur Police Station on condition of the petitioner executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties, each for the like sum to the satisfaction of the first respondent before whom the petitioner shall surrender within 10 days from today, if not arrested in the meantime, and subject to the following further conditions:- (a) The petitioner shall report before the Investigating Officer as and when required by him in writing to do so.
(b) The petitioner shall not intimidate or influence the witnesses or in any way tamper
with the investigation.
(c) The petitioner shall not get involved in any offence while on bail.
Sd/- B.SUDHEENDRA KUMAR, JUDGE.
AS /True Copy/ P.A. to Judge