Charmaine Charles v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Bail Appl..No. 8008 of 2014 () ------------------------------- AGAINST THE ORDER IN CRMC 2602/2014 of DISTRICT & SESSIONS COURT,TRIVANDRUM DATED 25-10-2014 CRIME NO. 1162/2014 OF MANGALAPURAM POLICE STATION, THIRUVANANDAPURAM PETITIONER(S)/4TH ACCUSED:- -------------------------- CHARMAINE CHARLES, AGED 31 YEARS D/O.FUSA CHARLES, HELLEN COTTAGE, KANNANTHURA BEACH P.O., THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.DINESH MATHEW J.MURICKEN SRI.T.A.GEORGE JOSEPH RESPONDENT(S)/COMPLAINANT:-:

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

BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

B. SUDHEENDRA KUMAR, J.

..................................................... Bail Application No. 8008 of 2014 ..................................................... Dated this the 2nd day of June, 2015

ORDER

The petitioner is the accused in Crime No. 1162 of 2014 of Mangalapuram Police Station registered for offences under Sections 406 and 420 read with Sec. 34 I.P.C. The petitioner has filed this Petition praying for the relief under Section 438 Cr.P.C. 2.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor has submitted that the Investigating Officer has informed the learned Public Prosecutor that no material could be collected so rd accused in the crime to far against the petitioner and the 3 indicate their involvement in the case and in the said circumstances, the learned Public Prosecutor has no objection in allowing this application. In view of the above submission of the

-: 2 :- B.A. No. 8008 of 2014 learned Public Prosecutor, I am inclined to grant the relief under Sec. 438 Cr.P.C. in favour of the petitioner.

3. In the result, this Application stands allowed and the respondent is directed to release the petitioner on bail, in the event of his arrest in connection with Crime No. 1162 of 2014 of Mangalapuram Police Station on condition of the petitioner executing a bond for Rs. 35,000/- (Rupees thirty five thousand only) with two solvent sureties, each for the like amount to the satisfaction of the arresting officer, before whom the petitioner shall surrender within ten days from this date and subject to the following conditions:- i) The petitioner shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation.

ii) The petitioner shall not influence or intimidate the

-: 3 :- B.A. No. 8008 of 2014 witnesses or in any way tamper with the investigation. iii) The petitioner shall not get involved in any offence while on bail.

Dated this the 2nd day of June, 2015.

Sd/-B. SUDHEENDRA KUMAR, JUDGE.

ani/ /true copy/ P.S. to Judge