Dismissed

Alex v. State of Kerala

Kerala HC9 Dec 2013Bail Appl./8084/2013

Case brief

AI extract

What is this about?

This order dismisses an application for anticipatory bail against an accused facing offenses of cruelty, miscarriage, and hurt due to the serious nature of the allegations involving an attempted abortion. The court directs the accused to surrender for interrogation within a specific timeframe.

What did the court decide?

Anticipatory bail denied; directions to surrender by 16.12.2013 for interrogation.

Alex Vs State of Kerala — Cheating and Forgery | Kerala HC (2013)

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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 THOMAS P.JOSEPH

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MONDAY, THE 9TH DAY OF DECEMBER 2013/18TH AGRAHAYANA, 1935

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Bail Appl..No. 8084 of 2013 () ------------------------------CRIME NO. 1599/2013 OF NORTH POLICE STATION, ALAPPUZHA

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1^st ACCUSED(S)/PETITIONER: --------------------------

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ALEX AGED 25 YEARS S/O.KUNJUMON VARGHESE, PALLIPARAMBIL, MUNICIPAL COLONY CHATHANADU WARD, ALAPPUZHA DISTRICT

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BY ADVS.SRI.G.PRIYADARSAN THAMPI SMT.ANICE VAZ

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COMPLAINANT(S)/RESPONDENT:

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

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BY PUBLIC PROSECUTOR: ADV. M T SHEEBA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09-12-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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THOMAS P.JOSEPH, J.

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=========================

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B.A.No.8084 of 2013

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============================ Dated this the 09^th day of December, 2013

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O R D E R

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Petitioner is the first accused, in Crime No.1599 of 2013 of the Alappuzha North Police Station as it now stands for the offences punishable under Secs.498A, 315, 341 and 323 r/w Sec.34 of the Indian Penal Code. Petitioner is the husband of the victim, apprehends arrest and has filed this application.

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Learned Public Prosecutor has opposed the application. It is submitted that on 28.10.2013, a Councillor of the Alappuzha Municipality saw the victim in a severely assaulted condition near the Mattancherry bridge at Alappuzha. The Councillor conveyed information to the police who registered the case. It is submitted that the victim was in the early stage of her pregnancy and she was severally assaulted in an attempt to abort the pregnancy.

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Learned counsel submits that the petitioner and the victim belong to two communities, the former is aged 25 years but the latter is aged 38 years and married twice earlier. The mother of the victim is working as a maid servant in the house of apolice officer and under his influence the petitioner and others are falsely implicated. Learned counsel also invited my attention to Annexures

B.A.No.8084 of 2013

A1 to A3.

Having regard to the nature of allegation made against the petitioner, request for anticipatory bail cannot be allowed. Petitioner has to be interrogated by the police but I am inclined to issue directions in the matter.

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Resultantly this application is disposed of as under:

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(i) Petitioner shall surrender before the officer investigating Crime No.1599 of 2013 of the Alappuzha North Police Station on 16.12.2013 at 10 a.m for interrogation.

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(ii) In case interrogation is not completed that day, it is open to the officer concerned to direct presence of the petitioner on other day/days and time as may be specified by him which the petitioner shall comply.

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(iii) In case arrest of the petitioner is recorded, he shall be produced before the jurisdictional magistrate the same day.

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(iv) On such production, petitioner can move application for bail before the learned magistrate with intimation given to the Assistant Public Prosecutor concerned atleast three working days in advance.

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(v) In case custody of the petitioner is required, it is open to the Investigating Officer to move application before the learned magistrate.

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B.A.No.8084 of 2013

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(vi) Learned magistrate shall dispose of the application(s) on merit having regard to the facts of the case as early as possible.

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Sd/-

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THOMAS P.JOSEPH, JUDGE.

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Sbna

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True Copy

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P A to Judge

Alex v. State of Kerala

Case brief

What is this about?

What did the court decide?

Alex v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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