Allowed

Jayan v. the State of Kerala

Kerala HC13 Mar 2014Bail Appl./1722/2014

Case brief

AI extract

What is this about?

This order grants bail to the petitioner accused under Sections 498A and 304 IPC in a suicide case. The court imposed specific conditions regarding surety, interrogation, passport surrender, and non-tampering with evidence.

What did the court decide?

Bail granted to the petitioner subject to conditions of a bond with two sureties, regular interrogation, passport surrender, and a promise not to tamper with evidence.

Jayan Vs the State of Kerala — Domestic Violence | Kerala HC (2014)

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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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THURSDAY, THE 13TH DAY OF MARCH 2014/22ND PHALGUNA, 1935

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Bail Appl..No. 1722 of 2014

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CRIME NO. 35/2014 OF SREEKRISHNAPURAM POLICE STATION , PALAKKAD

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PETITIONER/ ACCUSED:

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JAYAN, AGED 35 YEARS, S/O. SUBRAMANIYAN, VILLAMKANDATHIL HOUSE, NAYADIPARA, ARIYUR, KOTTOPADOM POST, MANNARKKAD TALUK, PALAKKAD.

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BY ADV. SRI.MILLU DANDAPANI

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RESPONDENT/COMPLAINANTS:

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1. STATE OF KERALA, REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE, SHOURNUR, PALAKKAD DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

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2. THE STATION HOUSE OFFICER, SREEKRISHNAPURAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031.

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R1 & R2 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13-03-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Kss

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N.K. BALAKRISHNAN, J.

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B.A. No. 1722 of 2014

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Dated this the 13^th day of March, 2014

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O R D E R

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The petitioner is the accused in Crime No.35/2014 of Sreekrishnapuram Police Station, Palakkad District. Offences alleged are under sections 498A and 306 of IPC. The petitioner has been in custody since 19.01.2014.

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The allegation is that on 16.01.2014 between 3.30

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pm and 3.45 pm, the wife of the petitioner committed

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suicide by hanging in the bed room of her house. It is alleged that she was subjected to all sorts of physical and mental cruelty. The suicide note also speaks regarding the physical and mental torture she was subjected to, the prosecution contends.

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The learned counsel for the petitioner submits that

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the allegations are not true.

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B.A. No.1722/2014

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-2-

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Considering the period of detention already

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undergone by the petitioner and in view of the submission made on behalf of the petitioner that he will abide by any condition that may be imposed on him, the petitioner is granted bail subject to the following conditions:

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(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty 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 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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(ii) The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all

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B.A. No.1722/2014

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-3-

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Mondays between 9.30 AM to 11.30 AM until further orders.

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(iii) The petitioner shall surrender 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.

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(iv) The petitioner 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 will 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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(v) The petitioner shall not leave India without the prior permission of the learned Magistrate.

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B.A. No.1722/2014

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-4-

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(vi) 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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The passport will be produced and/or the affidavit mentioned earlier will be filed within 10 days from the date of release from jail.

Sd/-

N.K. BALAKRISHNAN,

JUDGE

//True Copy//

P.A. to Judge

jjj

Jayan v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Jayan v. the State of Kerala

Case brief

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