K.S.Sarun v. State Of Kerala

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. 7755 of 2015 -------------------------------------- CRIME NO. 1775/2015 OF ERAVIPURAM POLICE STATION, KOLLAM ---------------------- PETITIONER(S)/ACCUSED:

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1. K.S.SARUN, AGED 34 YEARS, S/O.SASANKAN, KOLLERITHARA HOUSE, EDAVANAKKAD, EDAVANAKKAD VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT.

2. K.P. SASANKARAN, AGED 65 YEARS, S/O.PARAMU, KOLLERITHARA HOUSE, EDAVANAKKAD, EDAVANAKKAD VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT.

BY ADV. SRI.T.K.SHAJAHAN RESPONDENT(S)/COMPLAINANT:

----------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR, ERAVIPURAM POLICE STATION, KOLLAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7755 of 2015 -------------------------------------------- Dated this the 11th day of December 2015

O R D E R

Bail application filed under Sec.438 Cr.P.C.

2. Petitioners are the accused in Crime No.1775 of 2015 of Eravipuram Police station registered for the offence punishable under Sec.420 read with Sec.34 of the Indian Penal Code. The case arise out of a private complaint filed before the learned Magistrate having jurisdiction which was forwarded to the Police for investigation.

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

4. Documents relating to the dispute have been produced. After hearing the learned counsel on both sides and perusing the records, I am of the view that the dispute is predominantly of a civil nature. Hence. Pre arrest bail is granted to the petitioners with the following conditions.

1. In the event of arrest in Crime No.1775

Bail Appl. No.7755 of 2015 2 of 2015 of Eravipuram Police station, 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.

2. The petitioners shall appear before the Investigating Officer for interrogation as and when directed by him in writing.

3. 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/11/12/2015 P.A. To Judge