In bail application under Se. 498A IPC, the court found custodial interrogation unnecessary. Bail was granted on Rs. 15,000 with conditions to report for interrogation, not commit similar offences, and not influence witnesses.
Bail granted on executing bond of Rs. 15,000 each with two sureties upon surrender for interrogation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
MONDAY, THE 26TH DAY OF MAY 2014/5TH JYAISHTA, 1936 Bail Appl..No. 2957 of 2014 () ------------------------------CRIME NO.483 OF 2014 OF PEROORKADA POLICE STATION PETITIONERS/ACCUSED: -------------------1. BIPIN KRISHNAN AGED 31 YEARS S/O. E. KRISHNAN POTTY, SRIVALSAM, VAYALAR.P.O. CHERTHALA. 2. E. KRISHNAN POTTY, AGED 61 YEARS S/O. EASWARAN POTTY, SRIVALSAM, VAYALAR.P.O. CHERTHALA. 3. K. GEETHA, AGED 57 YEARS W/O. E. KRISHNAN POTTY, SRIVALSAM, VAYALAR.P.O. CHERTHALA.
4. MITHUN KRISHNAN, AGED 29 YEARS S/O. KRISHNAN POTTY, SRIVALSAM, VAYALAR.P.O. CHERTHALA.
5. LATHAMONY, AGED 52 YEARS W/O. R.PARAMESWARAN, D 1103, PURVA FOUNTAIN SQUARE MARTHAHALLI, BANGALORE.
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENTS/STATE: -----------------
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM-682031.
2. STATION HOUSE OFFICER, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM-695005 BY PUBLIC PROSECUTOR: ADV. LALIZA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26-05-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
THOMAS P.JOSEPH, J.
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B.A. No.2957 of 2014
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Dated this the 26th day of May, 2014
O R D E R
Petitioners are accused in Crime No.483 of 2014 of the Peroorkara Police Station for the offence punishable under section 498A read with Sec.34 of the Indian Penal Code, apprehend arrest and have filed the application.
The application is disposed of as under:
I. The 1st petitioner shall surrender before the Officer
B.A. No.2957 of 2014
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investigating Crime No.483 of 2014 of the Peroorkada Police Station on 02.06.2014 at 10.00 a.m for interrogation.
In case the 1st petitioner is arrested, he shall be released on bail (if not required to be detained otherwise) on his executing bond for Rs.15,000/- (Rupees Fifteen thousand only) with two sureties for the like sum before the arresting Officer.
II It is directed that in case petitioners 2 to 4 are arrested they shall be released on bail (if not required to be detained otherwise) on their executing bond for Rs.15,000/- (Rupees Fifteen thousand only) each with two sureties each for the like before the Arresting Officer.
III. Release of all the petitioners shall be subject to the following conditions:
(a) Petitioners shall report to the Officer investigating the case as and when required for interrogation.
(b) Petitioners shall not get involved in similar offence during the period of this bail.
(c) Petitioners shall not intimidate or influence the witnesses or the de facto complainant.
(v) In case the petitioners violate any of conditions (a) to (c), it is open to the investigating Officer to move the learned
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magistrate for cancellation of the bail as held in P.K.Shaji v. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH, JUDGE.
vsv
2 issues framed by the court
Whether bail should be granted to accused petitioners in a divorce-related cruelty case.
Whether custodial interrogation of the petitioners is required.
Colour shows how this judgement treated each authority
P.K.Shaji v. State of Kerala (AIR 2006 SC 100)Referred¶32
1 provisions across 1 enactments
Bipin Krishnan
E. Krishnan Potty
K. Geetha
Mithun Krishnan
Lathamony
State of Kerala
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
