IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY,THE10H DAY OF JANUARY201420TH POUSHA, 1935 Bail Appl..No. 64 of 2014 () ----------------------------- CRIME NO. 2108/2013 OF KATTAPPANA POLICE STATION , IDUKKI ACCUSED(S)/PETITIONERS/ACCUSED3TO16 ---------------------------------------------------------------------------- 1. SOBHANA BYJU, AGED30YEARS W/O.BYJU, ELLIKKAL, KIZHAKKEMATTU KATTA AYYAPPAN COVIL, IDUKKI DISTRICT2 ANCY BABU, AGED28YEARS W/O.BABU, VETTIKKATTU, AYYAPPAN COVIL IDUKKI DISTRICT3 SOBHANA, AGED24YEARS SAJIKUMAR, CHERIYANKUNNEL, AYYAPPAN COVIL IDUKKI DISTRICT4 SARASAMMA KUTTAPPAN, AGED40YEARS PALOR VAYALIL, AYYAPPAN COVIL, IDUKKI DISTRICT5 ROY SEBASTIAN, AGED30YEARS CHIRATTA VAYALIL, AYYAPPAN COVIL, IDUKKI DISTRICT6 E.V SUKUMARAN, AGED33YEARS S/O.SREEDHARAN VYPIL, AYYAPPAN COVIL, IDUKKI DISTRICT7 N.A SANKARAN, AGED44YEARS S/O.ACHUTHAN NAIR, NEDUMADATH, ADAKKETHIL AYYAPPAN COVIL, IDUKKI DISTRICT8 JANCY SHAJI, AGED34YEARS W/O.SHAJI, PORIYATTI, AYYAPPAN COVIL IDUKKI DISTRICT9 BIJU, AGED35YEARS S/O.VASU, KANJIRAMATTATHIL, AYYAPPAN COVIL IDUKKI DISTRICT10 CHINNAMMA MATHEW, AGED54YEARS W/O.MATHEW, KANJIRAMATTATHIL HOUSE, AYYAPPAN COVIL IDUKKI DISTRICT (Contd.....) Bail Appl..No. 64 of 2014 () 11. SODARI SOMAN, AGED32YEARS W/O.SOMAN, MULLANKUZHIYIL, AYYAPPAN COVIL IDUKKI DISTRICT12 MARYKUTTY JACOB, AGED56YEARS W/O.JACOPB, KUNNATHU PATHIYIL, AYYAPPAN COVIL IDUKKI DISTRICT13 NIRMALA SOMAN, AGED50YEARS W/O.SOMAN, NARIYANANICKAL, AYYAPPAN COVIL IDUKKI DISTRICT14 SAVITHRI ALIAS THANKAMMA, AGED49YEARS W/O.THANKAPPAN, POOVATHUMMOOTTIL, AYYAPPAN COVIL IDUKKI DISTRICT BY ADVS.SRI.T.H.ABDUL AZEEZ SRI.K.P.MAJEED SRI.V.A.AJMAL RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM2 CIRCLE INSPECTOR OF POLICE KATTAPPANA POLICE STATION BY GOVERNMENT PLEADER SRI. C. RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1001-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sp P. BHAVADASAN, J.
--------------------------------------- B.A. No.64 of 2014 --------------------------------------- Dated this the 10th day of January, 2014. ORDER
Petitioners are accused Nos. 3 to 16 in Crime No.2108 of 2013 of Kattappana Police Station, who are alleged to have committed offences punishable under Sections 302,306,309,120(b),307 IPC and Section 13,17 of the Kerala Money Lenders Act,1958.
2. The allegations against the petitioners are that, one Anilkumar had borrowed some amount from several people including the petitioners herein, and as he was unable to repay the amount, he along with his family tried to commit suicide, and one of his daughters died.
3. Petitioners have now been arrayed as accused only because their names are shown in the diary kept by the said Anilkumar wherein he said the persons from whom the money had been borrowed by him. No other role is attributed to them.
4. After having heard the learned counsel for the petitioners, the learned Public Prosecutor and also after having perused the records, there seems to be considerable force in the submissions made by the learned counsel for the petitioners, it is seen that they B.A. No.64 of 2014 2 have unnecessarily been arrayed. Even going through the records, it could be seen that the petitioners have no role to play in the actual incident. Therefore, this application is allowed on the following conditions: i) The petitioners shall surrender before the Investigating Officer on or before 21.01.2014 who, after interrogation, shall produce them before the Court concerned, which court, on application for bail being moved by the petitioners, shall release them on bail each of them executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties for the like sum each to the satisfaction of the Court concerned. ii) The Court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts produced by them. iii) The petitioners shall report before the Investigating Officer on every Wednesday between 9 a.m and 10 a.m until further orders. iv) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. B.A. No.64 of 2014 3 vi) If any of the conditions is violated, the bail granted shall stand cancelled and the Court concerned, on being satisfied of the said fact, may take such steps as are available to it in law. P. BHAVADASAN, JUDGE sp