Sumiya v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 Bail Appl..No. 8050 of 2015 () ------------------------------- CRIME NO. 2549/2015 OF ADOOR POLICE STATION, PATHANAMTITTA DISTRICT -------------- PETITIONER/ACCUSED :

--------------------------------- SUMIYA, AGED 26 YEARS, D/O. SALIM, MOULAVI MANZIL, BHARANIKKAVU, SASTHAMCOTTA VILLAGE, KANNATHUR TALUK, KOLLAM DISTRICT.

BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENT/COMPLAINANT :

------------------------------------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KEALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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A.HARIPRASAD, J.

------------------------------------------------ B.A No.8050 of 2015 ------------------------------------------------ Dated this the 21st day of December, 2015.

O R D E R

Application for pre-arrest bail under Section 438 Cr.P.C. 2.

Petitioner is the accused in Crime No.1794 of 2015 of Sasthamcotta Police Station registered for offences punishable under Sections 468 and 471 I.P.C. The case was originally registered by Adoor Police and transferred to Sasthamcotta Police. 3.

Learned counsel for the petitioner submitted that the petitioner and the defacto complainant are sisters-in-law. Allegation is that the petitioner committed theft of identity card and photographs of the defacto complainant and purchased a sim card by using the identity card. Thereafter, she sent false messages by using the sim card.

4.

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

5.

Considering the nature of allegations and the relationship between the parties, following directions are made :

1. Petitioner shall surrender before the

B.A No.8050 of 2015 2 investigating officer within a period of two weeks from today and submit herself for interrogation. In that event, she shall be released on bail on executing a bond for Rs.25,000/- (Rupees twenty five thousand 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// P.A to Judge amk