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ISABELLA W/O.GULSALOSE ANTONY versus STATE OF KERALA REPRESENTED BY

High Court of Kerala

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ISABELLA W/O.GULSALOSE ANTONY v. STATE OF KERALA REPRESENTED BY - Bail Appl No. 4434 of 2007 [2007] RD-KL 13771 (23 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4434 of 2007()

1. ISABELLA W/O.GULSALOSE ANTONY,
... Petitioner

2. JANCY W/O.ANCILIN,

Vs

1. STATE OF KERALA REPRESENTED BY
... Respondent

For Petitioner :SMT.K.V.BHADRA KUMARI

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :23/07/2007

O R D E R

R.BASANT, J

= = = = = = = = = = = = = B.A.No.4434 of 2007 = = = = = = = = = = = = = =

Dated this the 23rd day of July, 2007

ORDER

Application for anticipatory bail. Petitioners are accused 3 and 4. The defacto complainant is the wife of the 1st accused. The 2nd accused is his brother. Petitioners are sister and sister in law of the 1st accused/husband. The crux of the allegations is that on 27.6.07, the defacto complainant was assaulted by accused 1 to 4. Specific overt acts of beating with dangerous weapons is alleged against accused 1 and 2. Petitioners, women had only allegedly exhorted accused 1 and 2 to indulge in the overt acts. It is also alleged that a weapon-stone, was handed over to one of the principal accused by the petitioners. The crime was registered on 28.6.07. The investigation is in progress. The petitioners apprehend imminent arrest.

2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not seriously oppose the said prayer and I am satisfied, in the broad circumstances which I have already adverted to, that anticipatory bail can be granted to the petitioners. A more detailed reference does not appear to me to be necessary in the facts and circumstances of the case. B.A.No. 4434 of 2007 2

3. In the result, this application is allowed. The following directions were issued under Section 438 Cr.P.C.:-

i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m on 30.07.2007. They shall be enlarged on regular bail on their executing bonds for Rs.25,000/-(Rupees Twenty Five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 1 p.m on 31.7.07 and 1.08.07 and thereafter as and when directed by the Investigating Officer, in writing to do so. (iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law, as if these directions were not issued at all. B.A.No. 4434 of 2007 3 (iv) If they were arrested prior to 30/7/2007, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 30/07/2007.

(R.BASANT, JUDGE)

sj /TRUE COPY/

P.A.TO JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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