Allowed

K.Lakshmanan v. State of Kerala

Kerala HC24 Feb 2016Bail Appl./703/2016

Case brief

AI extract

What is this about?

The Karnataka High Court granted bail to accused individuals charged under multiple sections of the IPC. The court noted that since the prosecution relies solely on oral evidence, custodial interrogation was not warranted, leading to the order releasing the petitioners on bail with strict conditions and surety bonds.

What did the court decide?

Bail granted to petitioners subject to executing a bond of Rs. 40,000 with two sureties for the like amount, appearing for interrogation within ten days, and cooperating with the investigation.

K.Lakshmanan Vs State of Kerala — Cheating and Forgery | 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 24TH DAY OF FEBRUARY 2016/5TH PHALGUNA, 1937

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Bail Appl..No. 703 of 2016 ()

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CRIME NO. 1267/2015 OF PARIYARAM POLICE STATION, KANNUR DISTRICT

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PETITIONERS/ACCUSED NO.3 AND 5 :

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1. K.LAKSHMANAN

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S/O. KUNJAPPA, AGED 50 YEARS

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KUNNUMMEL HOUSE, PADINJAREKKARA

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KADANAPPALLY P.O.

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2. E.VINESH

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S/O. KUNJAMBU, AGED 27 YEARS ETTAMMAL HOUSE, PADINJAREKKARA KADANAPPALLY P.O.

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BY ADV. SRI.I.V.PRAMOD

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RESPONDENT/COMPLAINANT/STATE :

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

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BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SUNIL THOMAS, J.

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B.A.No.703 of 2016

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Dated this the 24^th day of February, 2016

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ORDER

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The petitioners are the accused in Crime No.1267/2015 of Pariyaram Police Station for offences punishable under Sections 143, 147, 148, 452, 294(b), 354, 323, 427, 506(ii), read with Section 149 of IPC.

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The allegation of the prosecution is that on 22.11.2015 at 4.00 p.m., the petitioner herein along with several other persons totalling to around forty persons, trespassed into the house of the de facto complainant, assaulted her and caused damage to the household articles. It was alleged that in the meanwhile, they outraged the modesty of the lady also. The petitioners seek bail.

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The essential allegation constituting the

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offence under Section 354 of IPC is attributed to the 1^st petitioner herein. The 1^st petitioner is alleged to have pulled her, the 2^nd petitioner is stated to have kicked the

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B.A.No.703 of 2016

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de facto complainant. Since the entire allegation against the petitioners herein is sought to be established by the oral evidence only, a custodial interrogation of the petitioner herein may not be warranted. Hence, I am inclined to grant bail to the petitioners subject to the following strict conditions:

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(a) Petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. Thereafter, if they are proposed to be arrested, they shall be released on bail on each of the petitioner executing a bond for a sum of Rs.40,000/- (Rupees forty thousand only) with two sureties for the like sum each.

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(b) They shall not threaten, coerce or intimidate the de facto complainant or his witnesses.

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(c ) They shall appear before the Investigating Officer as and when called for and co-operate

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B.A.No.703 of 2016

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with the investigation.

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The bail application is allowed.

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Sd/- SUNIL THOMAS, JUDGE

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//TRUE COPY//

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P.A. TO JUDGE

K.Lakshmanan v. State of Kerala

Case brief

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K.Lakshmanan v. State of Kerala

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