Allowed

Latha v. State of Kerala

Kerala HC25 May 2015Bail Appl./278/2015

Case brief

AI extract

What is this about?

Anticipatory bail application filed by three accused persons alleged to be involved in offences under the Indian Penal Code arising from a boundary dispute. The High Court, considering the nature of the offence, lack of weapon usage, and no serious injuries, granted bail subject to conditions.

What did the court decide?

Petitioners shall be released on bail on executing bond for ₹25,000 each with two solvent sureties for like sum, subject to attending interrogation and not harassing the victim.

Latha Vs State of Kerala — Bail and Remand | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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MONDAY, THE 25TH DAY OF MAY 2015/4TH JYAISHTA, 1937

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Bail Appl..No. 278 of 2015 ()

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-----------------------------CRIME NO. 2526/2014 OF THIRUVALLA POLICE STATION, PATHANAMTITTA DISTRICT

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PETITIONERS/ACCUSED 1 TO 3:

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---------------------------------------------

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1. LATHA, W/O.RAVIKUMAR AGED 44 YEARS,

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PUTHENPARAMBIL HOUSE, VALLAMKULAM EAST, ERAVIPEROOR

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2. RAVIKUMAR, AGED 49 YEARS,

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PUTHENPARAMBIL HOUSE, VALLAMKULAM EAST, ERAVIPEROOR

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3. VINEETH, S/O.RAVIKUMAR, AGED 18 YEARS,

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PUTHENPARAMBIL HOUSE, VALLAMKULAM EAST, ERAVIPEROOR

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BY ADVS.SRI.T.P.PRADEEP

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SRI.P.K.SATHEES KUMAR

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RESPONDENTS/COMPLAINANTS :

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

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2. SUB INSPECTOR OF POLICE, THIRUVALLA 689 101.

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R1 & R2 BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K. ABRAHAM MATHEW, J.

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----------------------

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Bail Appl. No.278 of 2015

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Dated this the 25^th day of May 2015

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O R D E R

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Petition filed under Section 438 Cr.P.C.

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Petitioners are alleged to have committed the

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offences under Secs.294(b), 341, 323, 324 and 354 read with Sec.34 of Indian Penal Code. The allegation is that, they assaulted the victim and outraged her modesty.

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Heard both sides.

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Learned counsel for the petitioner submits

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that the parties are neighbours and the incident happened in connection with a boundary dispute.

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The victim did not sustain any serious injuries. The First Information Statement does not disclose the petitioners using any weapon.

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Having regard to these facts, I am inclined to grant the prayer of the petitioners.

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In the result, the bail application is allowed:

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Bail Appl. No.278 of 2015 2

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The petitioners shall be released on bail after interrogation on their executing bond for ₹.25,000/(Rupees twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

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They shall appear before the investigating officer

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for interrogation if they are so required by him in writing.

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They shall not destroy or tamper with evidence.

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They shall not harass the defacto complainant or her relatives.

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In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with law.

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Sd/-

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K. ABRAHAM MATHEW

JUDGE

/ True Copy /

P.A. To Judge

Latha v. State of Kerala

Case brief

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Latha v. State of Kerala

Case brief

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