Allowed

Sunil Kumar v. State of Kerala

Kerala HC19 Jul 2012Bail Appl./4580/2012

Case brief

AI extract

What is this about?

The Kerala High Court granted bail to the accused husband of a deceased wife in a case alleging murder by burning and cruelty. Bail was granted subject to furnishing a bond, appearing for interrogation, and complying with other strict conditions.

What did the court decide?

Bail granted with effect from 21-07-2012 subject to conditions including bond, appearance for investigation, and restrictions on movement.

Sunil Kumar Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN

¶4

THURSDAY, THE 19TH DAY OF JULY 2012/28TH ASHADHA 1934

¶5

Bail Appl..No. 4580 of 2012 ()

¶6

CRIME NO:301/2012 OF KOIPPURAM POLICE STATION, PATHANAMTHITTA DISTRICT

¶7

ACCUSED(S)/PETITIONER/ACCUSED:

¶8

SUNIL KUMAR, KALAPPURAKKAL HOUSE, JAGATHY THIRUVANANTHAPURAM CORPORATION RESIDING AT KUZHIKKALAYIL HOUSE, KALABHAGAM KURIYANOOR MURIYIL, THOTTAPUZHASSERI VILLAGE PATHANAMTHITTA.

¶9

BY ADVS.SRI.K.SHAJ

¶10

SRI.SAJJU.S SRI.PRAVEEN THOMAS ABRAHAM

¶11

COMPLAINANT(S)/RESPONDENTS/STATE:

¶12

1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR

¶13

HIGH COURT OF KERALA, ERNAKULAM-31.

¶14

2. SUB INSPECTOR OF POLICE,

¶15

KOIPPURAM POLICE STATION, KOIPPURAM

¶16

PATHANAMTHITTA DISTRICT.

¶17

BY PUBLIC PROSECUTOR SMT.JASMINE V.H.

¶18

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶19

JJJ

¶20

N.K. BALAKRISHNAN, J.

¶21

B.A. No: 4580 of 2012

¶22

Dated this the 19^th day of July, 2012 O R D E R

¶23

The petitioner is the accused in Crime

¶24

No:301/2012 of Koippuram Police Station, Pathanamthitta District. The offences alleged are under sections 498A and 306 of IPC. The petitioner has been in custody since 30.05.2012.

¶25

The petitioner is the husband of deceased Priya,

¶26

aged 22 years. She was married by the accused on 19.12.2011. This was his second marriage. His first wife was stated to have left him because of the cruel treatment

¶27

meted out to her. It is alleged that on 29.04.2012 at 9.00 p.m. the accused reached home hot drunk and subjected the deceased to physical and mental cruelty. She was beaten by the accused. It is stated that on 30.04.2012 the accused had subjected the deceased to mental cruelty. Because the cruelty was unbearable, she poured kerosene

¶28

B.A. No: 4580/2012

¶29

-2-

¶30

on her body and set her on fire. Because of the burn injuries she was admitted in the hospital. The learned Magistrate recorded her dying declaration. It was stated that the accused had beaten her and subjected her to cruelty.

¶31

The learned counsel for the petitioner submits that the petitioner had also sustained burn injuries to the extent of 35%. The contention that he had not subjected his wife to physical or mental cruelty cannot be accepted at this stage. However, considering the period of detention and the further fact that he also had sustained burn injuries, the petitioner is granted bail with effect from 21.07.2012 subject to the following conditions:

¶32

(i) 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

¶33

B.A. No: 4580/2012

¶34

-3-

¶35

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.

¶36

(ii) 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.

¶37

(iii) The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.

¶38

(iv) 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

¶39

B.A. No: 4580/2012

¶40

-4-

¶41

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.

¶42

(v) The accused shall not leave the State of Kerala without the prior permission of the learned Magistrate.

¶43

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

¶44

Sd/-

¶45

N.K. BALAKRISHNAN, JUDGE

¶46

//True copy//

¶47

P.A. to Judge

¶48

jjj

Sunil Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sunil Kumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Abdul Rasheed Vs State of Kerala

Denny George Vs State of Kerala

Jacob Vs State of Kerala

Roumi Hassan Vs State of Kerala

Mohammed Rafi K.M. Vs State of Kerala

Sidhik Vs State of Kerala