Mini v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937 Bail Appl..No. 8199 of 2014 ---------------------------------------- CRIME NO. 1268/2014 OF VANCHIYOOR POLICE STATION , THIRUVANANTHAPURAM DISTRICT ------------------------ PETITIONER(S)/ACCUSED :
----------------------------------------- MINI, AGED 44 YEARS, W/O.SREEKANTAN NAIR, MURUKAVILASAM, ULLOOR GRAMAM, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM DISTRICT.
BY ADV. SMT.G.VIDYA RESPONDENT(S)/COMPLAINANT :
---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K. ABRAHAM MATHEW, J.
---------------------- B.A. No.8199 of 2014 -------------------------------------------- Dated this the 23rd day of July 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2. Petitioner is accused in Crime No.1268 of 2014 of Vanchiyoor Police station registered for the offence under Sec.420 of the Indian Penal Code. The prosecution case is that the victim made her to believe that she required some money to pay the fees of her daughter and on her request, the petitioner gave her gold ornaments so that she might raise the fund by pledging them. It turned out that the representation was false. She has failed to return the gold ornaments.
3. Heard both sides.
4. Except the statement of the victim there is nothing to support the prosecution case. It is seen from the Case Diary that the victim had violated the rules of Sri Chitra Home constantly where she was lodged. Her conduct raise some doubts about the allegations made by her. In these circumstances, I am inclined to grant the
B.A. No.8199 of 2014 2 prayer of the petitioner.
In the result, the bail application is allowed.
1) The petitioner shall be released on bail after interrogation on her executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum if she is arrested by the Police in connection with this case.
2) The petitioner shall appear before the Investigating Officer for interrogation if she is so required by him in writing.
3) The petitioner shall surrender her passport before the lower court concerned or if she does not have the one, file an affidavit to that effect.
4) The petitioner shall not leave India without the previous permission of the court of enquiry or the trial court concerned as the case may be.
5) The petitioner shall not destroy or
B.A. No.8199 of 2014 3 tamper with evidence nor shall she get herself involved in any other criminal case.
6) The petitioner shall not intimidate or attempt to influence the witnesses.
7) The petitioner shall co-operate with investigation of the case.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
If the petitioner surrenders before the Magistrate, this order is not applicable and the learned Magistrate may pass appropriate orders.
Sd/- K. ABRAHAM MATHEW JUDGE /True Copy / NS P.A. To Judge