Prakash v. State Of Kerala

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. 7745 of 2015 ------------------------------- CRIME NO. 1086/2015 OF KURUPPAMPADY POLICE STATION, ERNAKULAM DISTRICT. ..........

PETITIONER(S)/ACCUSED 1 & 2:

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1. PRAKASH, AGED 41, S/O.PONNAPPAN, PUNNATTUKUZHY HOUSE, MYCKAVU, KOZHIKKODU.

2. VIJESH, AGED 39, S/O.JOHN, CHANJAPLOKKAL HOUSE, PULPALLY, WAYANAD.

BY ADVS.SRI.S.RENJITH SRI.S.UNNIKRISHNAN (NELLAD) RESPONDENT/COMPLAINANT:

------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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:

mbr/

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7745 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 and 2 in Crime No.1086 of 2015 of Kuruppampady Police station registered for the offences punishable under Secs.323, 341, 451 and 498A read with Sec.34 of the Indian Penal Code. 1st petitioner is the husband of the defacto complainant and 2nd petitioner is his friend. This case arise out of a private complaint filed before the Judicial First Class Magistrate Court, Perumbavoor forwarded for investigation under Sec.156(3) Cr.P.C. The case of the defacto complainant is that she was brutally assaulted by her husband and his friend.

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.

Bail Appl. No.7745 of 2015 2

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

Bail Appl. No.7745 of 2015 3 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