Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN MONDAY, THE17H DAY OF MARCH201426TH PHALGUNA, 1935 Bail Appl..No. 1852 of 2014 () ------------------------------- CRMC212014 of SESSIONS COURT, THALASSERY CRIME NO. 858/2012 OF KOLAVALLUR POLICE STATION, KANNUR ------------ PETITIONER/ACCUSED NO.2 :- ------------------------------ RAMESH.P.P., AGED42YEARS S/O.UNNI, MEETHALAPARAMBATH (H), KALLIKANDY KANNUR DISTRICT. BY ADVS.SRI.P.N.SUKUMARAN SRI.K.A.ANAS ESPONDENTS/COMPLAINANT :- --------------------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM.
2. SUB INSPECTOR OF POLICE, KOLAVALLOOR POLICE STATION, THALASSERY. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON1703-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt N.K.BALAKRISHNAN, J.
-------------------------------- B.A. No.1852 of 2014 ------------------------------- Dated this the 17th day of March 2014 ORDER
Petitioner is the second accused in Crime No.858/2012 of Kolavalloor Police Station. The offences alleged against him and other accused are punishable under Secs.406 and 420 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.
2. It is alleged that the first accused, who is the wife of the petitioner had obtained gold ornaments from the complainant and she pledged the same. Thereafter it was not returned.
3. Learned Public Prosecutor submits that she has adopted the same method against other persons also.
4. Learned counsel for the petitioner submits that except that the petitioner is the husband of the first accused, there is no allegation that the petitioner has done any offending act. It is further submitted that petitioner B.A. No.1852 of 2014 -:
2. :- has actually filed a petition before the Family Court for getting divorce from the first accused.
5. Considering all the aspects the following directions are issued: The petitioner shall surrender before the Investigating Officer within 10 days from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will grant bail to the petitioner but on the following conditions: a. The accused shall execute a bond for 20,000/- (Rupees Twenty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. b. The accused shall make himself available for interrogation by the Investigating Officer and B.A. No.1852 of 2014 -:
3. :- should appear before the Investigating Officer on all alternate Wednesdays between 9.30 AM to 11.30 AM until further orders. c. The accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. e. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc. Sd/- N.K.BALAKRISHNAN, JUDGE. Jvt