Allowed

Athul.P.Raj v. Sub Inspector of Police

Kerala HC16 Jun 2014Bail Appl./4099/2014

Case brief

AI extract

What is this about?

This Bail Application allowed under Section 438 Cr.P.C. for accused facing offences under Sections 498A and 406 IPC read with Section 34 IPC. The court noted the non-consummation of marriage and money disputes but absence of serious physical violence allegations, granting bail on execution of bond.

What did the court decide?

Petitioners released on bail on executing bond for Rs. 25,000 with two solvent sureties each for like sum upon arrest by Police.

Athul.P.Raj Vs Sub Inspector of Police — Matrimonial and Divorce | 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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MONDAY, THE 16TH DAY OF JUNE 2014/26TH JYAISHTA, 1936

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Bail Appl..No. 4099 of 2014

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CRIME NO. 684/2014 OF EAST KALLADA POLICE STATION , KOLLAM DISTRICT

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PETITIONERS / ACCUSED :

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1. ATHUL.P.RAJ, AGED 27 YEARS, S/O.P.C RAJENDRAN, CHAND MAHAL, CHATHANKULAM, MUDICODE PATTIKKADU P.O, THRISSUR.

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2. DR.P.C RAJENDRAN, AGED 60 YEARS, S/O.K C P KUTTY MASTER, RTD PROFESSOR, AGRICULTURAL UNIVERSITY,CHAND MAHAL,CHATHANKULAM, MUDICODE, PATTIKKADU P.O,THRISSUR.

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3. DR.LATHA, AGED 55 YEARS, W/O. DR.P.C RAJENDRAN, RESIDING DO .

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BY ADV. SRI.P.K.ANIL

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RESPONDENTS / COMPLAINAT / STATE :

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1. SUB INSPECTOR OF POLICE, EAST KALLADA POLICE STATION, KOLLAM DISTRICT.

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2. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-06-2014, 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. 4099 of 2014

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Dated this the 16^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. 593/2014 of East Kallada Police Station which has been registered for the offences under Sections 498A and 406 read with Section 34 I.P.C.

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The first petitioner is the husband of the de factocomplainant and the other petitioners are his parents. It is alleged that the first petitioner has not been interested in the consummation of the marriage and the consummation has not taken place so far. She has filed two O.P.s before the Family Court for return of her gold ornaments and for declaring that the marriage is null and void.

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Heard.

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The marriage between the first petitioner and the de facto-complainant was solemnized on 09.02.2014. The marriage has not been consummated so far according to the de facto-complainant. It appears that there are some disputes between the parties and other money matters also. There is no

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B.A. No. 4099 /2014

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allegation of serious physical violence against the petitioners. In these circumstances, I think it proper to grant the prayer of the petitioners.

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In the result, this petition 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 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

Athul.P.Raj v. Sub Inspector of Police

Case brief

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Athul.P.Raj v. Sub Inspector of Police

Case brief

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