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High Court of KeralaBail Appl./9020/2014allowed

Libu Varghese v. State Of Kerala

2015-06-173 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937 Bail Appl..No. 9020 of 2014 () ------------------------------- CRIME NO. 2383/2014 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA PETITIONER(S):

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1. LIBU VARGHESE, AGED 35 YEARS S/O.T.A.VARGHESE, RESIDING AT D104, ANAND GARDENS, ANAND PARK, KANDARPADE, DAHISAR WEST MUMBAI - 68.

2. T.A.VARGHESE, AGED 62 YEARS S/O.I.K.K. ABRAHAM, RESIDING AT D104, ANAND GARDENS, ANAND PARK, KANDARPADE, DAHISAR WEST, MUMBAI - 68.

3. LEELA VARGHESE, AGED 60 YEARS W/O.T.A.VARGHESE, RESIDING AT D104, ANAND GARDENS ANAND PARK, KANDARPADE, DAHISAR WEST MUMBAI - 68.

BY ADV. SRI.GEORGE CLEETUS RESPONDENT(S)/STATE:

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1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031.

2. DEPUTY SUPERINTENDENT OF POLICE THIRUVALLA - 681 009.

3. THE SUB INSPECTOR OF POLICE THIRUVALLA 681 009.

R BY PUBLIC PROSECUTOR SRI.R.GITHESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Pn

B.SUDHEENDRA KUMAR, J.

-------------------------------------------- Bail Application No. 9020 of 2014 ------------------------------------------- Dated this the 17th day of June, 2015

O R D E R

The petitioners are accused in Crime No.461/2014 of Kodumon Police Station registered under Section 498A read with Section 34 of the Indian Penal Code. The petitioners have filed this application praying for a relief under Section 438 Cr.P.C.

2.

Heard. Peruse the case diary.

3.

The learned Public Prosecutor has no serious objection in allowing this application. Considering the facts and circumstances of the case, including the relationship between the defacto complainant and the petitioners, an order under Section 438 Cr.P.C. in favour of the petitioners will be justified.

In the result, this application stands allowed and the respondents are directed to release the petitioners on bail in the event of their arrest in connection with Crime No.461/2014 of Kodumon Police Station on condition of each of the petitioners executing a bond for Rs.25,000/- (Rupees twenty

B.A. No. 9020 of 2014 five thousand only) each, with two solvent sureties each, each for the like sum to the satisfaction of the 2nd respondent before whom the petitioners shall surrender within 10 days from this day and subject to the following further conditions. (1) The petitioners shall report before the Investigating Officer as and when required by the Investigating Officer for interrogation. (2) The petitioners shall not intimidate or influence the witnesses or in anyway tamper with the investigation.

(3) The petitioners shall not get involved in any offence during the pendency of this case.

Sd/- B.SUDHEENDRA KUMAR, JUDGE.

/true copy/ P. A. to Judge Pn