Dismissed

Sreekumari v. State of Kerala

Kerala HC11 Jun 2015Bail Appl./1995/2015

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an application for anticipatory bail under Section 438 Cr.P.C. filed by a married woman accused of instigating an assault against her father-in-law causing bodily injury. Counsel could not establish grounds sufficient for bail.

What did the court decide?

Anticipatory bail application dismissed on the grounds that the prosecution case appeared probable and the petitioner instigated the assault.

Sreekumari Vs State of Kerala — Bail and Remand | Kerala HC (2015)

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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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THURSDAY, THE 11TH DAY OF JUNE 2015/21ST JYAISHTA, 1937

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Bail Appl.No. 1995 of 2015

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CRIME NO. 532/2014 OF VELLARADA POLICE STATION, THIRUVANANDAPURAM

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PETITIONER(S)/3RD ACCUSED:

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SREEKUMARI, AGED 32 YEARS, D/O.ARUNDHATHI, FROM SREE PADMAM, KUZHITHOTTAM, KUDUPPANAMOODU P.O., NOW RESIDING AT NANGUMMANADI, KIZHAKKUMKARAPUTHEN VEEDU, VAZHICHAL P.O., NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENT(S)/STATE AND COMPLAINANT:

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----------------------------------------------------------------

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1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2. CIRCLE INSPECTOR OF POLICE, VELLARADA POLICE STATION - 695 041.

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BY PUBLIC PROSECUTOR SMT.REMA R.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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K. ABRAHAM MATHEW, J.

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

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B.A.No. 1995 of 2015

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...............................................

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Dated this the 11^th day of June, 2015

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O R D E R

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Petition filed under Section 438 Cr.P.C.

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Petitioner is the third accused in Crime No. 532 of 2014 of Vellarada Police Station, registered for the offence under sections 109, 323, 324, 326, 307 read with section 34 IPC. The prosecution case is that she, who is married, had illicit relationship which was objected to by the first informant, who is her father-in-law. The first accused is her paramour. At the instance of the petitioner the other accused assaulted the first informant after taking him in an autorikshaw to a lonely place. The first informant sustained fracture of the bone of the left thigh.

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Heard.

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Learned counsel submits that all the allegations are false. A photograph available in the case diary shows the illicit relationship between the petitioner and the first accused. The prosecution case appears to be probable. Prima facie, at the instance of the petitioner, the other accused assaulted her fatherin-law, causing him fracture of the bone of his left thigh. It is not

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B.A.No. 1995 of 2015

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::2::

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at all proper to grant her anticipatory bail.

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In the result, this application is dismissed.

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Sd/-

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K. ABRAHAM MATHEW, JUDGE

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DST

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//True copy//

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P.A. To Judge

Sreekumari v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sreekumari v. State of Kerala

Case brief

What is this about?

What did the court decide?

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