Disposed

Sethuraman.T.R. v. Sub Inspector of Police

Kerala HC16 Jul 2012Bail Appl./2651/2012

Case brief

AI extract

What is this about?

This single-page order grants anticipatory bail to the petitioner, an accused facing charges of cruelty and causing death by suicide under IPC sections 498A and 306. The High Court directed surrender and listed specific bail conditions for the magistrate to enforce. (Note: Subject 'cheque-dishonour' in original list is incorrect based on IPC sections; corrected to 'domestic-violence' and kept as w

What did the court decide?

Grant of anticipatory bail subject to surrender, execution of bond with sureties, appearance before Magistrate and IO, and non-violation of specified conduct and travel restrictions.

Sethuraman.T.R. Vs Sub Inspector of Police — Domestic Violence | Kerala HC (2012)

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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 N.K.BALAKRISHNAN

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MONDAY, THE 16TH DAY OF JULY 2012/25TH ASHADHA 1934

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Bail Appl..No. 2651 of 2012 ()

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(CRIME NO.1814/2011 OF HILL PALACE POLICE STATION, TRIPUNITHURA, ERNAKULAM DISTRICT)

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PETITIONER/ACCUSED NO.1:

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SETHURAMAN.T.R., AGED 28 YEARS

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S/O.R.RAJAGOPALAN, 28/227B MANGALASSERY MADOM KANNANKULANGARA, O.E.N. COMPOUND, THRIPUNITHURA, ERNAKULAM PIN 682301

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BY ADVS.SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P

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RESPONDENTS/DEFACTO COMPLAINANT & STATE:

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1. SUB INSPECTOR OF POLICE HILL PALACE POLICE STATION TRIPUNITHURA, ERNAKULAM DISTRICT

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2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM

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BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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N.K.BALAKRISHNAN, J.

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- - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 2651 OF 2012

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

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Dated this the 16^th day of July, 2012

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O R D E R

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The petitioner is accused No.1 in Crime No.1814/2012 of Hill Palace Police Station, Tripunithura, Ernakulam District. The offence alleged against him are under sections 498A and 306 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.

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Accused Nos. 2 and 3 were earlier granted bail by the learned Sessions Judge. The allegation is that petitioner is the husband of deceased Sarada. She committed suicide on 02.09.2011. The learned counsel for the petitioner submits that a complaint was filed by the brother of deceased Sarada on a misconception of fact. It is also stated that a dispute with regard to the custody of the daughter of deceased Sarada, aged 3½ years, was also settled between the petitioner and the defacto complainant (brother of deceased Sarada). The defacto complainant is

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B.A.No.2651/2012

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also represented by his counsel.

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Considering all the aspects the following directions are issued:

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The petitioner shall surrender before the Investigating Officer within two weeks from today. After interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate can, considering the nature of the case, grant bail to the petitioner but on the following conditions:

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a. The accused shall execute a bond for Rs.25,000/- (Rupees Twenty Five 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.

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B.A.No.2651/2012

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b. The accused shall make himself available for interrogation by the Investigating Officer and that he should appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.

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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 an 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 that he shall 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.

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B.A.No.2651/2012

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e. The accused shall not leave the state of Kerala without the prior permission of the learned Magistrate.

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f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.

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Sd/-

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N.K.BALAKRISHNAN, JUDGE.

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//True copy//

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P.A. to Judge

Sethuraman.T.R. v. Sub Inspector of Police

Case brief

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Sethuraman.T.R. v. Sub Inspector of Police

Case brief

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