Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 1ST DAY OF FEBRUARY 2013 12TH MAGHA 193 Bail Appl..No. 610 of 2013 () ----------------------------- CRIME NO. 1561/2012 OF VIZHINJAM POLICE STATION , THIRUVANANTHAAPURAM ACCUSED(S)/ACCUSED: ------------------------------------ ASUNTHA MOHAN, W/O.STANLEY MOHAN, AGED 4 YEARS, MASS HOUSE,KOTTAPURAM P.O.,VIZHINJAM THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY COMPLAINANT(S)/COMPLAINANT: ------------------------------------------------------ STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA,THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. V.S. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-02-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ds P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 610 OF 201.- - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 01st day of February, 2013 ORDER
Petitioner, an ex-councilor of Thiruvananthapuram Corporation is arrayed as accused in Crime No. 1561/2012 of Vizhinjam Police Station who is alleged to have committed offence punishable under Section 332 of IPC.
2. The allegation is that on the day of incident i.e. 28.12.2012, while a corporation employee of Thiruvananthapuram Corporation was spreading soil in pursuance of the orders given to him, the petitioner opposed the said act and slapped him.
3. The petitioner would say that she is innocent and has been falsely implicated with political rivalry.
4. The learned Public Prosecutor opposed the petition and pointed out that the investigation is going on. B.A.No.610/2013 -2- 5. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and after having perused the records and also given anxious consideration to the submissions on both sides, it is felt that this is a fit case where extraordinary jurisdiction of this Court needs to be exercised in favour of the petitioner. The petition is allowed as follows:
1) The petitioner may surrender before the Investigating Officer on or before 18.02.2013, who after interrogation shall produce the petitioner before the JFCM concerned, which court on an application for bail filed by the petitioners shall release her on bail on her executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two solvent sureties each for the like sum to the satisfaction of the JFCM concerned.
2) The court shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail. B.A.No.610/2013 -3-
3) The petitioner shall appear before the Investigating Officer on every Friday between 9.00 am to 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 condition 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 ds