Partly allowed

Unnikrishnan C.K v. State of Kerala

Kerala HC14 Feb 2014Bail Appl./702/2014

Case brief

AI extract

What is this about?

Single judge bail application regarding Section 354B IPC offence. The court directed the accused to surrender within 10 days. Bail to be granted by Magistrate on strict conditions including bonds, appearance for interrogation, and non-tampering undertakings.

What did the court decide?

Bail granted on conditions: surrender within 10 days; appearance for interrogation; bond of Rs. 10,000; affidavit against tampering; production of passport.

Unnikrishnan C.K 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 N.K.BALAKRISHNAN

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FRIDAY, THE 14TH DAY OF FEBRUARY 2014/25TH MAGHA, 1935

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Bail Appl..No. 702 of 2014 ()

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CRMC 37/2014 of SESSIONS COURT, THRISSUR CRIME NO.15/2014 OF GURUVAYOOR POLICE STATION, THRISSUR

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APPLICANT/ACCUSED :- ----------------------

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UNNIKRISHNAN C.K AGED 52 YEARS S/O.LATE KUNJAPPU, CHERADI HOSUE, TAIKAD VILLAGE NENMINI DESOM, GURUVAYOOR P O, CHAVAKKAD TALUK THRISSUR DIST

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BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.VIPIN NARAYAN SRI.THOMAS J.ANAKKALLUNKAL

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RESPONDENT/COMPLAINANT :-

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STATE OF KERALA REP 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 BEEN FINALLY HEARD ON 14-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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jvt

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N.K.BALAKRISHNAN, J.

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B.A. No.702 of 2014

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Dated this the 14^th day of February 2014

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O R D E R

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Petitioner is the accused in Crime No.15/2014 of Guruvayoor Police Station. The offence alleged against him is punishable under Sec.354B of IPC. It is alleged that on 3.1.2014 at 5.45 PM, the accused beat the complainant with his hands and also caught the saree worn by her. Thus, committed the offence as stated above.

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Learned counsel for the petitioner submits that the complainant is a money lender. It was stated that some money was due from the accused to the complainant. With regard to the same, there were some altercation. But, Sec.354B has been added only with an oblique motive.

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Considering all the aspects the following directions are issued:

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The petitioner shall surrender before the Investigating Officer within 10 days from today. After

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B.A. No.702 of 2014

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-: 2 :-

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interrogation the accused shall be produced before the learned Magistrate. When applied for bail by the accused, the learned Magistrate will grant bail to the petitioner but on the following conditions:

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a. The accused shall execute a bond for Rs.10,000/(Rupees Ten 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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b. The accused shall make himself available for interrogation by the Investigating Officer and should appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.

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c. The accused shall produce his original passport before the learned jurisdictional Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.

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B.A. No.702 of 2014

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-: 3 :-

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d. The accused will also file 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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e. 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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Sd/N.K.BALAKRISHNAN, JUDGE.

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//True Copy//

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P.A. To Judge

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Jvt

Unnikrishnan C.K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Unnikrishnan C.K v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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