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High Court of KeralaBail Appl./7741/2015allowed

M S Sathar v. State Of Kerala

2015-12-11Honourable Mr. Justice A.Hariprasad3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 11TH DAY OF DECEMBER 2015/20TH AGRAHAYANA, 1937 Bail Appl..No. 7741 of 2015 () ------------------------------- CRIME NO.3855/2015 OF ALUVA POLICE STATION, ERNAKULAM DISTRICT ---------------------- PETITIONER/NOT ARRAYED AS ACCUSED:

--------------------------------------------------------------- M.S.SATHAR, S/O.MUHAMMED SALI, AGED 46 YEARS, RIZVANA MANZIL, PADAYANAR KULANGARA SOUTH, KARUNAGAPPALLY VILLAGE, KOLLAM DISTRICT.

BY ADVS.SRI.K.SIJU SMT.S.SEETHA RESPONDENT :

------------------------- STATE OF KERALA, THROUGH THE S.I OF POLICE, ALUVA POLICE STATION, 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 11-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A.HARIPRASAD, J.

-------------------------------------- B.A. No.7741 of 2015 -------------------------------------- Dated this the 11th day of December, 2015

ORDER

Petition under Section 438 of the Code of Criminal Procedure. 2.

Petitioner is the second accused in Crime No.3855 of 2015 of Aluva Police Station registered for offences punishable under Sections 406 and 420 I.P.C.

3.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4.

The dispute appears to be in relation to a car. Considering the nature of dispute, I do not find any necessity to have a custodial interrogation. Hence, pre-arrest bail is granted to the petitioner with following directions :

1. Petitioner shall surrender before the investigating officer within a period of two weeks from today and submit himself for interrogation. In that event, the petitioner shall be released on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand

B.A. No.7741 of 2015 2 only) with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer.

2.

The sureties shall produce documents to establish their identity and solvency. The Investigating Officer need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

3. Petitioner shall appear before the Investigating Officer as and when directed.

4.

Petitioner shall not influence or intimidate witnesses.

5. If any of the above conditions is violated by the petitioner, the learned Magistrate having jurisdiction is free to cancel the bail.

Sd/- A .HARIPRASAD JUDGE //True copy// amk P.A to Judge