Allowed

Shinu v. State of Kerala

Kerala HC27 Jan 2016Bail Appl./67/2016

Case brief

AI extract

What is this about?

In a simple two-line order, the Kerala High Court granted anticipatory bail to four petitioners accused of matrimonial cruelty. The court imposed conditions requiring appearance for interrogation and non-interference with the complainant.

What did the court decide?

Anticipatory bail allowed subject to conditions including appearance before the Investigating Officer within ten days and execution of a bond.

Shinu Vs State of Kerala — Matrimonial and Divorce | Kerala HC (2016)

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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 SUNIL THOMAS

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WEDNESDAY, THE 27TH DAY OF JANUARY 2016/7TH MAGHA, 1937

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Bail Appl..No. 67 of 2016

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CRIME NO. 1956/2015 OF ANCHAL POLICE STATION , KOLLAM

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PETITIONER(S)/ACCUSED 1 TO 4 :

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1. SHINU GEORGE, AGED 38 YEARS, S/O.GEORGEKUTTY, KOTTAKKAL VEEDU, PODIYATTUVILA P.O., VALAKAM, ARAKKAL VILLAGE, PATHANAPURAM TALUK.

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2. MARYKUTTY GEORGE, AGED 65 YEARS, W/O.GEORGEKUTTY, KOTTAKKAL VEEDU, PODIYATTUVILA P.O., VALAKAM, ARAKKAL VILLAGE, PATHANAPURAM TALUK.

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3. MINI BIJU, AGED 40 YEARS, W/O.BIJU, KOTTAKKAL VEEDU, PODIYATTUVILA P.O., VALAKAM, ARAKKAL VILLAGE, PATHANAPURAM TALUK.

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4. SHYNI ROY, AGED 36 YEARS, W/O.ROY, KOTTAKKAL VEEDU, PODIYATTUVILA P.O., VALAKAM, ARAKKAL VILLAGE, PATHANAPURAM TALUK.

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BY ADV. SRI.N.M.VARGHESE

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RESPONDENT(S)/COMPLAINANT :

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STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION, ANCHAL P.O., KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

SUNIL THOMAS, J.

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B.A.No.67 of 2016

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

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Dated this the 27^th day of January, 2016

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ORDER

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Petitioners are the husband and in laws of the de facto complainant. It is stated that the first petitioner had married the de facto complainant on 28.12.2006 and a child was born in the matrimonial relationship. Relation got strained thereafter and a private complaint was filed by the de facto complainant alleging matrimonial cruelty. Crime was registered. Petitioners seek prearrest bail.

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When the matter was taken up, learned Public Prosecutor on instructions submitted that in the course of investigation, it was revealed that only offence under Sections 498A, 323, 341 and 506 IPC were made out. At present, first petitioner alone stands as an accused. This is recorded. Having regard to the fact that the allegations raised by the de facto complainant is serious in nature and that, it has arisen out of a matrimonial discord, I feel that pre-arrest bail can be granted to the petitioners subject to the following conditions.

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(i) Petitioners shall appear before the Investigating Officer within ten days from today

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B.A.67/16

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and shall undergo interrogation. If they are proposed to be arrested, they shall be released on bail on they executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) each with two sureties each for the like sum each.

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(ii) They shall appear before the Investigating Officer as and when required for interrogation.

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(iii) They shall not get involved in any other identical offences and shall not threaten, coerce or intimidate the de facto complainant or her witnesses.

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The anticipatory bail application is allowed as above.

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Sd/-

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SUNIL THOMAS Judge

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Sbna/27/1/16

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True Copy

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P A to Judge

Shinu v. State of Kerala

Case brief

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Shinu v. State of Kerala

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