Allowed

Anu v. the State of Kerala

Kerala HC10 Jun 2014Bail Appl./3232/2014

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an application for anticipatory bail under Section 438 Cr.P.C. for accused persons charged under various IPC sections for assault and outraging modesty arising from a family dispute and pending civil suit. The court held that Section 354 IPC may not be attracted due to the familial context and family relationship between parties.

What did the court decide?

Release of petitioners on bail upon executing a bond for Rs. 25,000/- with two solvent sureties for the like sum if arrested. Order not applicable if petitioners choose to surrender to the Magistrate.

Anu Vs the 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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TUESDAY, THE 10TH DAY OF JUNE 2014/20TH JYAISHTA, 1936

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Bail Appl..No. 3232 of 2014

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CRIME NO. 108/2014 OF THIRUVALLAM POLICE STATION , THIRUVANANTHAPURAM

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PETITIONERS / ACCUSED A1 TO A3 :

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1. ANU, AGED 35 YEARS, S/O.SACHIDANANTHAN NAIR, MANGADU VEEDU, MANILAM, THIRUVALLAM DESOM, THIRUVALLAM VILLAGE.

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2. SACHIDANANTHAN NAIR, AGED 70 YEARS, MANGADU VEEDU, MANILAM, THIRUVALLAM DESOM, THIRUVALLAM VILLAGE.

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3. ANIL KUMAR, AGED 36 YEARS, S/O.GOPINATHAN NAIR, BABY SADANAM, PANANGODU DESOM.

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BY ADV. SRI.R.T.PRADEEP

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RESPONDENT :

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

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BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Msd.

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K. ABRAHAM MATHEW, J.

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B.A. No. 3232 of 2014

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Dated this the 10^th day of June, 2014

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ORDER

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Petition filed under Section 438 Cr.P.C.

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Petitioners are accused in Crime No. 108/2014 of

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Thiruvallam Police Station which has been registered for the offences under Sections 294 (b), 323, 341 and 354 read with Section 34 I.P.C.

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The petitioners allegedly wrongfully restrained the victim and slapped her at 6.30 p.m on 28.01.2014 at a public place. Their case is that there is a civil case between the parties and this is a false case got registered in order to compel the second petitioner to withdraw the civil case.

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Heard the learned counsel for the petitioner and the learned Public Prosecutor.

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The facts of the case indicate that Section 354 I.P.C. may not be attracted. The petitioners are members of a family. There is a civil suit between them and the son-in-law of the de facto-complainant. On the facts of the case, I am inclined to grant the prayer of the petitioners.

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B.A. No. 3232 /2014

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In the result, this application is allowed.

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The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum if they are arrested by the Police in connection with this case.

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They shall appear before the Investigating Officer for interrogation if they are so required by him in writing.

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They shall not destroy or tamper with evidence.

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This order is not applicable if the petitioners choose to surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.

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sd/-

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K. ABRAHAM MATHEW JUDGE

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//TRUE COPY//

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P.A. TO JUDGE

Anu v. the State of Kerala

Case brief

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Anu v. the State of Kerala

Case brief

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