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High Court of KeralaBail Appl./7887/2015allowed

Nasar v. State Of Kerala

2015-12-23Honourable Mr. Justice A.Hariprasad4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 Bail Appl..No. 7887 of 2015 () ------------------------------- CRIME NO. 1420/2015 OF PETTAH POLICE STATION, THIRUVANANTHAPURAM ------------------- PETITIONER/ACCUSED NO 1 :

-------------------------------------------- NASAR AGED 45 YEARS S/O. SHOUKATHALI, LAILA MANZIL, 4TH WARD KONNORI, KARAVARAM VILLAGE, THIRUVANANTHAPURAM.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN SRI.V.VINAY RESPONDENT/STATE :

--------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM - 682 031 (CRIME NO. 1420/2015 OF PETTAH POLICE STATION THIRUVANANTHAPURAM DISTRICT) BY SR. PUBLIC PROSECUTOR SRI.C . RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A.HARIPRASAD, J.

------------------------------------------------ B.A Nos.7887 & 8105 of 2015 ------------------------------------------------ Dated this the 23rd day of December, 2015.

C O M M O N O R D E R Applications for bail under Section 439 Cr.P.C. 2.

Petitioners are the accused in Crime No.1420/2015 of Pettah Police Station registered for offences punishable under Sections 420, 406, 506(i) and 306 r/w Section 34 I.P.C. 3.

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

4. It is alleged that the members of a family attempted to commit suicide out of which a lady and her younger child died. Others could be saved by proper medication. Allegation is that the petitioners were instrumental for driving the lady to commit suicide. Some of the accused are in custody from 01-12-2015 and some others from 03-12-2015. Suicide note was recovered from the house of the deceased implicated the petitioner in the

crime.

5.

Learned Public Prosecutor opposed the bail application. Considering the stage of matter and the number of days undergone in judicial custody, bail is granted to the petitioners with following strict conditions :

1. The petitioners shall be released on bail on executing a bond for Rs.25,000/- each (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

2. The sureties shall produce documents to establish their identity and solvency. The lower court 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. The petitioners shall appear before the Investigating Officer on all Saturdays between 09.00 and 10.00 a.m until final report is filed.

4. The petitioners shall not enter the limits of Hosdurg Police Station for a period of three months except for the purpose of appearing before the court/investigating officer.

5. The petitioners shall not indulge in any offence while on bail.

6. The petitioners shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

If any of the above conditions is breached by the petitioners, the learned Magistrate is free to cancel bail without referring the matter to this Court.

Sd/- A.HARIPRASAD, JUDGE.

amk //True copy// P.A to Judge