Allowed

Simon v. State of Kerala

Kerala HC2 May 2014Bail Appl./2566/2014

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a bail application for an accused charged under Sections 498A and 306 IPC. The court granted bail for period of custody reasons, subject to standard conditions including appearance before the investigating officer and refraining from influencing witnesses.

What did the court decide?

Release on bail with bond of Rs. 25,000/- and two sureties for Rs. 25,000/- each for the period of custody.

Simon Vs State of Kerala — Bail and Remand | 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 K.ABRAHAM MATHEW

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FRIDAY, THE 2ND DAY OF MAY 2014/12TH VAISAKHA, 1936

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Bail Appl..No. 2566 of 2014

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CRIME NO. 277/2014 OF ENATH POLICE STATION , PATHANAMTITTA

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PETITIONER(S)/ACCUSED :

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SIMON, AGED 39 YEARS, S/O. SAMUEL, KAITHAKUZHI VEEDU, THATTARUPADI KAITHAKUZHI, PUTHUZERIBHAGAM MURI, ERATHU VILLAGE.

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BY ADV. SRI.SYAM J SAM

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RESPONDENT(S)/COMPLAINANT :

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

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BY PUBLIC PROSECUTOR SRI.REJI JOSEPH

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.ABRAHAM MATHEW, J.

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

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B.A. No. 2566 of 2014

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-------------------------------------------Dated this the 2^nd day of May, 2014

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ORDER

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The petition is filed under Section 439(1) Cr.P.C.

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Petitioner is the accused in Crime No. 277 of 2014 of Enathu Police Station registered for the offences under Sections 498 A and 306 IPC.

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The petitioner is the husband of the victim. The allegation is that he subjected her to cruelty and abetted her to commit suicide. She committed suicide by hanging. The learned counsel for the petitioner submits that the investigation is almost over and taking into consideration the period of custody he may be released on bail.

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Heard both sides.

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The application is not seriously opposed by the learned Public Prosecutor. Having regard to the period of custody I am inclined to grant the prayer of the petitioner.

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In the result, this application is allowed on the following conditions.

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i. The petitioner will be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the concerned Court below.

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B.A. No. 2566 of 2014

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-2-

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ii. He shall appear before the investigating officer between 11 a.m and 12 noon on all the 2^nd and 4^th Tuesdays for three months, or till the final report is filed, whichever is earlier.

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iii. He shall not threaten or attempt to influence the witnesses, nor shall he commit, while on bail, an offence similar to the offence which he is alleged to have committed; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation.

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If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

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K.ABRAHAM MATHEW, JUDGE.

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kp/-

Simon v. State of Kerala

Case brief

What is this about?

What did the court decide?

Simon v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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