Partly allowed

Sreekumaran Pillai v. State of Kerala

Kerala HC16 Jul 2012Bail Appl./4398/2012

Case brief

AI extract

What is this about?

The single judge granted anticipatory bail to the first petitioner who had surrendered before the Investigating Officer, directing him to seek regular bail before the learned Magistrate subject to various conditions regarding bonds, sureties, restrictions on movement, and affidavits. Bail of Rs. 20,000 was also ensured for petitioners 2 to 4 in case of arrest.

What did the court decide?

First petitioner directed to seek regular bail before Magistrate subject to bond of Rs. 25,000 with sureties and specific conditions. Other accused to surrender if arrested and claim bail under simila

Sreekumaran Pillai Vs State of Kerala — Bail and Remand | 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. 4398 of 2012 ()

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-----------------------------(CRIME NO.805/2012 OF PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT)

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PETITIONERS/ACCUSED NO.1 TO 4:

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1. SREEKUMARAN PILLAI,, AGED 34 YEARS S/O.RAMAKRISHNA PILLAI,AKOODATHIL PUTHEN VEEDU THUMPAMON THAZHAM,ELAVUMTHITTA,PANDALAM.

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2. HARIKUMARAN PILLAI,, AGED 36 YEARS S/O RAMAKRISHNA PILLAI,AKOODATHIL PUTHEN VEEDU THUMPAMON THAZHAM,ELAVUMTHITTA PANDALAM.

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3. INDIRA DEVI,, AGED 53 YEARS W/O.RAMAKRISHNA PILLAI,AKOODATHIL PUTHEN VEEDU THUMPAMON THAZHAM ELAVUMTHITTA PANDALAM.

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4. RAMAKRISHNA PILLAI,, AGED 62 YEARS AKOODATHIL PUTHEN VEEDU THUMPAMON THAZHAM ELAVUMTHITTA PANDALAM.

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BY ADVS.SRI.K.SHAJ

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SRI.SAJJU.S SRI.PRAVEEN THOMAS ABRAHAM

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RESPONDENTS/COMPLAINANT:

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

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2. SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION,PANDALAM PATHANAMTHITTA.

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BY PUBLIC PROSECUTOR, SMT.JASMINE V.H.

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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. 4398 of 2012

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========================= Dated this the 16^th day of July, 2012

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ORDER

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Petitioners are the accused in Crime No.805/2012 of Pathanamthitta District. First petitioner is the husband of the complainant. Petitioners 2 to 4 are the brother, mother and the father of the first petitioner. The offences alleged against them are under Secs.498A and 323 r/w 34 of IPC. Apprehending arrest, this petition is filed for anticipatory bail.

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It is alleged that the petitioners subjected the complainant to mental and physical cruelty. It is also stated that there were complaints/proceedings before the learned Magistrate under the provisions of the Protection of Women from Domestic Violance Act.

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Learned counsel for the petitioners submits that the first petitioner has complied with the

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B.A.No.4398/2012

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: 2 :

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direction/order issued by the learned Magistrate under the Protection of Women from Domestic Violance Act.

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Considering all the aspects, the following directions are issued :-

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The first petitioner (A1) 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 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 concerned Court. 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.4398/2012

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: 3 :

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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 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.

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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.4398/2012

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: 4 :

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e. The accused and the sureties shall not leave 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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In the event of arrest, the petitioners 2 to 4 shall be released on bail on their executing a bond for Rs.20,000/(Rupees Twenty Thousand only) each with two solvent sureties each for the like amount to the satisfaction of the officer obtaining the bond as above. If not arrested, the petitioner will surrender before the learned Magistrate having jurisdiction within 10 days from this date and will seek regular bail. The learned Magistrate will grant bail to the accused on their executing a bond for Rs.20,000/and on such other conditions the learned Magistrate may deem fit to impose.

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N.K.BALAKRISHNAN, JUDGE

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das

Sreekumaran Pillai v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sreekumaran Pillai v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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