Anu.M v. Circle Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937 Bail Appl..No. 8245 of 2015 ------------------------------- CRIME NO. 1535/2015 OF TOWN POLICE STATION, KOZHIKODE. ..........

PETITIONER/7TH ACCUSED:

----------------------------------------- ANU.M, W/O.RIJEESH.K, AGED 22 YEARS, KOVILI CHETTIKULAM, ELATHUR.P.O., KOZHIKODE.

BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENT(S)/COMPLAINANT/STATE:

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1. THE CIRCLE INSPECTOR OF POLICE, TOWN POLICE STATION, KOZHIKODE - 673 004.

2. SUB INSPECTOR OF POLICE, TOWN POLICE STATION, KOZHIKODE - 673 004.

3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

BY 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:

mbr/

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of December, 2015

O R D E R

The petitioner is the 7th accused in Crime No. 1535/2015 of Town Police Station, Kozhikode, for having committed offences punishable under Sections 341, 326, 307 and 324 read with Section 34 of Indian Penal Code. 2.

The allegation against the petitioner is that on 04.12.2015 in the afternoon, a person by name Shiju, who according to the petitioner is a goonda and is involved in several crimes, was attacked by a group of persons in which he suffered injuries. The petitioner disowned her presence in the group and says that she has been falsely implicated. She therefore prays for anticipatory bail.

3.

The learned Public Prosecutor pointed out that petitioner is actually the 9th accused in the case and the main allegations are against accused Nos. 1 to 4.

-24.

It would appear from the submissions made by the learned Public Prosecutor that even assuming that the petitioner was present in the place, she was only an onlooker and she did not play the active role in the incident. Considering the above said fact, tentatively it would appear that she has not committed any overt act.

Therefore, considering the various aspects, this petition is allowed as follows:

1) The petitioner shall surrender before the Investigating Officer on or before 11.01.2016, who, after interrogation, shall produce her before the JFCM court concerned, which court, on an application for bail being moved by the petitioner shall release her on bail on her executing a bond for a sum of `25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like sum each to the satisfaction of the said court.

-32) The court shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail.

3) The petitioner shall appear before the Investigating Officer on every Friday between 9.00 am and 10.00 am until further orders.

4) The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.

5) If any of the conditions is violated, the bail granted shall stand cancelled and the court concerned, of being satisfied of the said fact, may take such proceedings as are available in law.

Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge