The court dismissed a bail application filed by an accused charged under Sections 498A and 34 IPC for allegedly demanding dowry and inciting his wife and child to suicide by jumping into a well, holding the allegations prima facie true and of grave nature.
Bail application dismissed, pre-arrest bail not granted to the petitioner.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2014/30TH MAGHA, 1935
Bail Appl..No. 1148 of 2014 ()
CRIME NO. 115/2014 OF KADAKKAL POLICE STATION , KOLLAM
ACCUSED(S)/PETITIONER/ACCUSED NO.1:
PRANAV AGED 35 YEARS S/O. DILEEP, PRANAV BHAVAN, KODINJAM KADAKKAL.
BY ADVS.SRI.K.SHAJ SRI.SAJJU.S
COMPLAINANT(S)/RESPONDENTS/STATE:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
2. SUB INSPECTOR OF POLICE KADAKKAL POLICE STATION, KADAKKAL, KOLLAM.
R BY PUBLIC PROSECUTOR, SRI. RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
das
N.K.BALAKRISHNAN, J.
==========================
B.A. No. 1148 of 2014
===================================
Dated this the 19th day of February, 2014
ORDER
The petitioner is the accused in Crime No.115/2014 of Kadakkal police station, Kollam. The offences alleged against him are under Secs.498A r/w 34 IPC.
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B.A. No. 1148/2014
the money as demanded by her, she should not go to the husband's house. Hence, she decided to end her life. She along with her child jumped into well. The child died in the incident. She sustained injuries but she was somehow saved. These factors would show that the allegations made by the prosecution are prima facie true, the prosecution contends.
Considering the gravity of the allegations made, I am not inclined to grant pre-arrest bail to the petitioner. Hence, it is dismissed.
Sd/- N.K.BALAKRISHNAN, JUDGE
das
// True copy // PA to Judge
3 issues framed by the court
Whether pre-arrest bail should be granted to the accused facing charges under Sections 498A and 34 IPC.
Whether the prima facie truth of the allegations regarding dowry and inciting suicide justifies bail denial.
Whether the gravity of the allegations involving child's death mandates denial of bail.
1 provisions across 1 enactments
PRANAV
STATE OF KERALA
SUB INSPECTOR OF POLICE KADAKKAL POLICE STATION
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
