Maneeksha v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 Bail Appl..No. 8000 of 2015 () ------------------------------- CRIME NO. 1441/2015 OF POOCHAKKAL POLICE STATION. .....

PETITIONER/5TH ACCUSED:

------------------------------------------ MANEEKSHA, AGED 41 YEARS, S/O.DAMODARAN, PANDARAPATTATHIL HOUSE, PARAYAKADU P.O., KUTHIYATHODU, ALAPPUZHA DISTRICT.

BY SRI.T.A.SHAJI, SENIOR ADVOCATE.

ADV. SMT.NAMITHA JYOTHISH.

RESPONDENT/COMPLAINANT:

-------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (REPRESENTING THE SUB INSPECTOR OF POLICE, POOCHAKKAL POLICE STATION, ALAPPUZHA DISTRICT). BY SRI.K.I. ABDUL RASHEED, ADDL. D.G.P.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.8000 of 2015 -------------------------------------------- Dated this the 18th day of December 2015

O R D E R

Bail application filed under Sec.439 Cr.P.C.

2. Petitioner is the 3rd accused in Crime No.1441 of 2015 of Poochakkal Police station registered for the offences punishable under Secs.364(A) and 384 read with Sec.34 of the Indian Penal Code. Prosecution case is that on 27.11.2015, the defacto complainant's husband was abducted from their residence and held him as a hostage at Manjeri. It is also alleged that they demanded ransom, title deeds and blank stamp papers singed by the defacto complainant's father in law for releasing her husband. The petitioner is in custody from 27.11.2015.

3. Heard the learned Senior Counsel for the petitioner and the learned Additional Director General of Prosecution.

4. Learned senior counsel for the petitioner submitted that the petitioner is a practicing lawyer and

Bail Appl. No.8000 of 2015 2 he has no connection with this incident.

5. Learned Additional Director General of Prosecution opposed the bail application.

Considering the stage of investigation and period of detention undergone by the petitioner, bail is granted to him with the following conditions. i. The petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate having jurisdiction.

ii. The sureties shall be the persons permanently residing in the State of Kerala and shall produce documents to establish their identity and solvency.

iii. The lower Court need not insist on solvency certificate. Other documents revealing the solvency of the sureties can also be relied on.

Bail Appl. No.8000 of 2015 3 iv. The petitioner shall appear before the Investigating Officer for interrogation as and when directed by him in writing.

v. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.

vi. The petitioner shall not involve in any other offence during the period of bail.

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/18/12/2015 P.A. To Judge