Allowed

Dileep Kumar a & Others v. State of Kerala and Another

Kerala HC3 Oct 2011Bail Appl./6618/2011

Case brief

AI extract

What is this about?

A single-judge bench of the Kerala High Court allowed an application for anticipatory bail filed by three accused persons and a woman in a cognizance case involving dowry and cruelty under Sections 498A and 406 IPC.

What did the court decide?

Direction to police to release petitioners on executing bail bond for Rs. 10,000 each with two solvent sureties for the same amount.

Dileep Kumar a & Others Vs State of Kerala and Another — Matrimonial and Divorce | Kerala HC (2011)

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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.T.SANKARAN

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MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933

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Bail Appl..No. 6618 of 2011

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F.I.R.NO.460 OF 2011 OF THIRUVALLOM POLICE STATION, THIRUVANANTHAPURAM DISTRICT.

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PETITIONERS : ACCUSED NOS.1 TO 4:

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DILEEP KUMAR.A., AGED 34, S/O.THE LATE AYYAPPAN PILLAI, T.C.68/2411/1, INDIRA VILASOM, THIRUVALLOM.P.O., THIRUVANANTHAPURAM.

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P.INDIRA AMMA, AGED 62, W/O.THE LATE AYYAPPAN PILLAI, T.C.68/2411/1, INDIRA VILASOM, THIRUVALLOM.P.O., THIRUVANANTHAPURAM.

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SHAJU.A., AGED 35, S/O.THE LATE AYYAPPAN PILLAI, T.C.68/2411/1, INDIRA VILASOM, THIRUVALLOM.P.O., THIRUVANANTHAPURAM.

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VIMA C.NAIR, AGED 28, W/O.SHAJU.A., T.C.68/2411/1, INDIRA VILASOM, THIRUVALLOM.P.O., THIRUVANANTHAPURAM.

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BY ADVS.M/S. S.V.RAJAN, R.SUDHISH, .M.MANJU AND .K.R.RANJITH

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RESPONDENTS: STATE & COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY THE SUB-INSPECTOR OF POLICE, THIRUVALLOM POLICE STATION, THIRUVANANTHAPURAM, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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THE ASSISTANT COMMISSIONER OF POLICE, FORT, THIRUVANANTHAPURAM. 695 001.

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ADDL.R3 IMPLEADED:

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SUJITHA.S.R., AGED 26 YEARS, D/O.RAJASEKHARAN NAIR, SREESHYLAM, TC.NO.18-3-5, THIRUMALA,

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POOJAPURA, THIRUVANANTHAPURAM.

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ADDL.R3 IS IMPLEADED AS PER ORDER DATED 3/10/2011 IN CRL.M.A. NO.5443 OF 2011.

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PUBLIC PROSECUTOR SRI.V.MANU ADDL.R3 BY ADV. SMT.P.K.RADHIKA

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T.SANKARAN, J.

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-----------------------------------------------------Bail Appl. NO. 6618 OF 2011

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Dated this the 3^rd day of October, 2011

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O R D E R

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This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in FIR No.460 of 2011 of Thiruvallom Police Station, Thiruvananthapuram District.

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The offences alleged against the accused are under Sections 498A and 406 read with Section 34 of the Indian Penal Code.

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Heard the learned counsel for the petitioners, the learned Public Prosecutor and the learned counsel appearing for the de facto complainant.

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Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There

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BAIL APPL. NO. 6618 OF 2011

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:: 2 ::

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will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rupees Ten thousand each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:

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a) The first petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Sundays, till the final report is filed or until further orders;

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b) The petitioners shall appear before the investigating officer for interrogation as and when required;

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c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence;

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d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail;

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e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

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The Bail Application is allowed to the extent indicated above.

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(K.T.SANKARAN) Judge

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ahz/

Dileep Kumar a & Others v. State of Kerala and Another

Case brief

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Dileep Kumar a & Others v. State of Kerala and Another

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