Allowed

Biju v. State of Kerala

Kerala HC23 Jul 2012Bail Appl./4735/2012

Case brief

AI extract

What is this about?

The High Court of Kerala, considering the period of detention already undergone by the petitioner accused of offences under Sections 498A and 306 IPC, granted bail effective July 26, 2012, subject to several specific conditions.

What did the court decide?

Bail granted effective 26.7.2012 subject to conditions of bond execution, interrogation availability, passport production, no tampering, and no leaving the state without permission.

Biju Vs State of Kerala — Matrimonial and Divorce | 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 23RD DAY OF JULY 2012/1ST SRAVANA 1934

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Bail Appl..No. 4735 of 2012 ()

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CRIME NO.711/2012 OF SOORANAD POLICE STATION, KOLLAM

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PETITIONER/ACCUSED :-

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BIJU AGED 32, SON OF VIJAYAN, BIJU BHAVANAM VEEDU (PAZHOORAYYATH), PADINJATTUM MURI SOORANAD NORTH VILLAGE.

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BY ADVS.SRI.T.K.VENUGOPALAN

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SRI.V.V.VARGHESE

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RESPONDENT/COMPLAINANT :-

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1. STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR

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HIGH COURT OF KERALA, ERNAKULAM.

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2. THE SUB INSPECTOR OF POLICE, SOORANAD POLICE STATION, KOLLAM.

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BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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jvt

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N.K.BALAKRISHNAN, J.

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B.A. No.4735 of 2012

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Dated this the 23^rd day of July 2012

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O R D E R

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Petitioner is the accused in Crime No.711/2012 of Sooranad Police Station, Kollam District. The offences alleged against him are under Secs.498A and 306 IPC. The deceased was married by the petitioner in 2009. It is alleged that gold ornaments given to the deceased at the time of marriage were sold and appropriated by the petitioner. Even her 'thali' chain was pledged by the accused, it is alleged. It is further alleged that the accused used to physically torture the deceased and because of the unbearable treatment meted out to her, she committed suicide on 22.6.2012.

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Petitioner has been in custody from 25.6.2012 onwards. No doubt, presumption under Sec.113A may be available to the prosecution.

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However, considering the period of detention

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B.A. No.4735 of 2012

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-: 2 :-

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already undergone by the petitioner, petitioner is granted

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bail with effect from 26.7.2012 subject to the following conditions :-

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a. The accused shall execute a bond for Rs.1,00,000/- (Rupees One Lakh 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. The accused shall make himself available for interrogation by the Investigating Officer and that he should appear before the Investigating Officer on all Mondays, Wednesdays 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 Magistrate. If he is not having

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B.A. No.4735 of 2012

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-: 3 :-

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any valid passport, he should file an affidavit regarding the same before the Magistrate.

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d. The accused will also file affidavit that he

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will abide by all the conditions as mentioned above 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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e. The accused shall not leave the State of

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Kerala without permission of the court.

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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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N.K.BALAKRISHNAN, JUDGE.

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Jvt

Biju v. State of Kerala

Case brief

What is this about?

What did the court decide?

Biju v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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